GROUPE DYNAMITE INC TERMS AND CONDITIONS OF USE AND SALE
1. USE OF THE WEBSITES
Groupe Dynamite Inc. and its affiliates and subsidiaries (together, "GDI", "our", "us" or "we") operates garageclothing.com, dynamiteclothing.com and groupedynamite.com as well as all other domain names owned by us which point to these addresses (the "Websites" for your personal and non-commercial use and information. Your use of the Websites is subject to the following terms and conditions of use and sale (the "Terms") and all applicable laws. By accessing and browsing the Websites, you accept, without limitation or qualification, the Terms. If you do not agree with any of the Terms, please do not use the Websites. The expression "Websites" also includes the Apps and the Loyalty Programs, as such expressions are defined herein.
GDI reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Websites without prior written notice at any time, and from time to time, at GDI's sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Websites by posting notice of same on the Websites. Following the posting of any such notice, your continued use of the Websites will constitute your acceptance of the new Terms and other policies, as modified, and you will be bound by said new terms and policies. Certain provisions of These Terms may be superseded by legal notices or terms located on particular pages of the Websites.
GDI's products and services available through the Websites (the "Product" or the "Products") may be ordered by persons who reside in Canada, the United States and in other countries or territories as we may determine. The Websites are not intended for access or use outside these territories. You are responsible to ensure that your access to the Websites and the information and material available on or through them are legal in each jurisdiction in or through which you access or view the Websites and such information and material.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITES, AS THEY INCLUDE PROVISIONS, SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
YOUR USE OF THE WEBSITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
2. ACCEPTABLE USE POLICY
As a condition of your use of the Websites, you hereby represent and warrant to GDI that you:
4. NO USE BY MINORS
The Websites are intended for use by adults only. If you use the Websites to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Websites and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Websites on your behalf and you should not use the Websites on your own or provide any personal information to GDI. We do not knowingly collect information from children under the age of 13.
5. MOBILE APPLICATIONS
GDI's mobile applications for download to your mobile device (the "Apps") are subject to all sections of these Terms, where applicable.
6. GDI LOYALTY PROGRAM
* The GDI Loyalty Programs are a fun and personalized loyalty experience that reward members for shopping at Garage or Dynamite in-store, online or on the app. For now, these programs are in their testing phase; thus, only the stores that are in the Maritime provinces (New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador) will have the possibility to use the mobile app and loyalty program in-store. However, the program will remain accessible for any online shopping (on the website or on the mobile app).
a) Program Overview:
The Garage Studio Loyalty Program and the Dynamite Studio Loyalty Program are the loyalty reward programs offered by GDI (the "Loyalty Programs"). The Loyalty Programs allow members to earn badges and rewards (each defined below) through the purchase of Products from the Websites, the Apps and both the Dynamite and Garage brand stores (the "Stores").
The Loyalty Programs allow persons who have completed the membership enrolment steps described below (the "Members") to earn badges (the "Badges") when making purchases in-store, online and through the Apps, and to redeem these Badges for rewards, benefits and/or rebates offered by GDI from time to time (the "Rewards") as well as have access to exclusive offers, events and contests which may be offered by GDI from time to time (the "Offers", and collectively with the Badges and the Rewards, the "Benefits").
The accumulation of Benefits does not entitle Members to any vested rights and, in accumulating Benefits, Members may not rely upon the continued availability of any Benefit or the continued existence of any aspect of the Loyalty Program. Changes to any of these matters may affect the Benefits that a member has already accumulated, as well as any future accumulation of any Benefits.
b) Becoming a Member:
Membership is free and no initial purchase is required in order to become a Member. To enroll, you must have a valid Canadian or U.S. address and be 13 years of age or older. If you are under the age of majority in the jurisdiction in which you reside, you must also have the consent of your parent or legal guardian to become a Member. Only one Loyalty Program account (the "Account") is permitted per person.
To become a Member, you may use one of the following methods:
Members cannot share their Account number and Account information with anyone else. Benefits apply only to the individual Member and are non-transferable. Account information, including, but not limited to, the Account password, should be protected by the Member and kept secure.
To become a Member, you may use one of the following methods:
You must advise us immediately of any changes to your personal information, including name, address, and email address (the "Personal Information") by using the Websites or the Apps to update the information contained in the "My Profile" section of your Account. GDI shall not be liable for misdirected email or mail communications, including any notices under these Terms or any consequences thereof where your Personal Information is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records. We reserve the right to cancel or close any Account, without notice, for which we have incomplete or inaccurate Personal Information. All Benefits associated with such Account may be blocked and any such Benefits may be forfeited and cancelled. The submission of false or fictitious Personal Information will result in all the Benefits accumulated on an Account being forfeited and cancelled.
GDI reserves the right to refuse issuance of an Account to any person who does not follow the prescribed enrolment procedures.
c) Badges and Rewards:
Members can accumulate Rewards by completing shopping challenges in-store, on the Websites and using the Apps and earning Badges. The following Badges (subject to the completion of a Qualifying Purchase as described below) are available for collection and will allow Members to enjoy the corresponding Rewards but are subject to expiry pursuant to the terms hereof see "Reward Periods and Expiration of Benefits" section below:
d) Accumulation of Badges
In order to accumulate Badges and/or redeem Rewards, you must be a Member in good standing. From time to time, Members may receive personalized or exclusive offers extended to certain segments of our membership or selected Members.
Badges are collected following enrolment, by making the following qualifying purchases from Dynamite and/or Garage brand stores in Canada and the US, in-store, online or through the Apps (each a "Qualifying Purchase"):
It is possible to earn more than one Badge per Qualifying Purchase provided that you meet the criteria for both Badges at the time of purchase.
Badges and Rewards are personal to the Member and cannot be exchanged for cash, assigned, traded, willed or otherwise assigned or transferred and any assignment or transfer in violation of these Terms will be void and may, at the discretion of GDI, result in the loss of membership or the cancellation of the affected Badge, Reward or other Offer, as the case may be.
GDI's standard Return/Exchange Policy applies:
Upon the return and/or exchange of Products awarded through the redemption of Rewards, all redeemed Rewards will be forfeited and the Member will receive only the cash price paid, if any, for the returned product.
e) VIP Status:
In order to achieve VIP Status, you must successfully collect all available Badges during one Program Year (see "Program Year and Expiration of Benefits" section below). Becoming a VIP will be automatic within the system once all available Badges are obtained during the applicable Program Year.
Alternately, you can also achieve VIP Status, after you have become a Member and are in good standing, by sending us an essay of at least 500 words confirming to us why, in your opinion, you should be granted the VIP Status without being required to successfully collect all available Badges during one Program Year. The decision to grant you VIP Status under this alternate means will solely be at GDI’s discretion.
VIP Members receive a more personalized experience and exclusive access to certain Benefits including:
f) Redemption of Benefits:
Benefits have no and will never have any monetary value whatsoever and cannot under any circumstances form the basis of a claim of any nature, including monetary, against GDI. Badges may be redeemed for Rewards consisting of a predetermined dollar or percentage discount off a purchase, in accordance with the Badge redemption schedule in force on the date when the Badges are redeemed by the Member ("Redemption Transaction"). The redemption schedule provided herein (see 'Badges and Rewards' section) is for illustrative purposes only and may be changed by GDI at its sole and absolute discretion from time to time. The updated redemption schedule in effect from time to time is available in these Terms or in the FAQ section of both the Garage Studio Loyalty Program and the Dynamite Studio Loyalty Program.
Only one Reward or Offer can be redeemed per Redemption Transaction. A Qualifying Purchase may be made as part of a Redemption Transaction and Badges may be earned with a Redemption Transaction provided only the amount net of rebate, as the case may be, shall constitute the amount applicable for a Qualifying Purchase. Rewards can only be redeemed if the required Badge is acquired prior to the Redemption Transaction.
All earned Benefits are stored in your "Studio Offers" in the Apps and in your profile on the Websites, as applicable.
Benefits can be redeemed in the following ways:
A Benefit is redeemable one time only and the same Benefit cannot be applied to multiple Redemption Transactions. Unredeemed Benefits will remain in the Member's "Studio Offers" and can be applied to a subsequent Redemption Transaction (subject to the expiration periods described below).
GDI will not be liable or responsible in any manner for any tax consequences or any charge imposed by, or with the authority of, any government, which may flow from any participation in the Loyalty Programs or Redemption Transactions.
From time to time, GDI may advertise or offer exclusive offers, benefits and/or discounts to select Members for items other than a discount reward.
g) Program Year and Expiration of Benefits:
Except for the Initial Program Year, Badges are subject to a "Program Year", with each period beginning on March 1 of one year and ending on the last day of February of the immediately subsequent year. Exceptionally, the Initial Program Year will begin upon the Member becoming a Member of the Program and ending on February 28, 2018. Members can accumulate each Badge only once per Program Year (for a total of 6 Badges per Program Year). All Badges accumulated will expire and be cancelled at the end of a Program Year. At the end of the Program Year, the Badges will reset to zero and the Member can begin accumulating Badges for the new Program Year.
Subject to the Program Year mentioned above, Rewards will not expire unless you fail to be active on your account for a period exceeding 6 months. For the purposes of this program, your account will be considered "active" if you use a badge or reward or if you complete a purchase transaction of a value exceeding $0, excluding Gift Card purchases.
Members will need to accumulate all available Badges during the new Program Year in order to regain VIP status.
Offers are valid during the period specified on each individual Offer.
h) Amendments or changes to the Terms:
GDI specifically reserves the right to unilaterally amend the provisions of these Terms regarding:
Membership to the Loyalty Programs is a privilege that can be revoked by GDI at its sole discretion at any time and without compensation for any reason including, without limitation, abuse by the Member of any of these Terms or any other actions deemed by GDI, acting in its sole discretion, to be deleterious to GDI, the Loyalty Programs or the interests of its affiliates or subsidiaries.
GDI assumes no liability with respect to Benefits claimed, and in particular, shall have no responsibility for the delay or failure to deliver Benefits or for their cancellation, damage or defects. You agree that GDI and any of its affiliates, subsidiaries or representatives are not responsible for, and you release us and them from any and all liability arising as a result of, any accident, loss, injury or damage caused by any rewards supplied or requested in connection with the Loyalty Programs.
Members release GDI, its parent, affiliates, divisions, related companies, and all of our and their respective officers, directors, shareholders, agents, advisors, consultants and employees, (collectively "Releases") from any and all liability and claims arising from or connected to such Benefits, including the collection, redemption and use thereof as well as any loss or damage caused by such Benefits. GDI or any of the above-mentioned Releases shall not be responsible for any delay in the shipping of Benefits. TO THE EXTENT PERMITTED BY LAW, ALL ASPECTS OF THE LOYALTY PROGRAMS ARE PROVIDED "AS IS" WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
j) Termination of the Loyalty Programs:
The Loyalty Programs may be terminated by GDI at its sole and absolute discretion upon at least thirty (30) days' written notice to the Members ("Termination Notice"). In this case, all Benefits collected by Members will be redeemable for three (3) months after the termination date.
You may also cancel your membership by notifying GDI (see "Contact Us" section below) that you no longer wish to be a Member, or accessing "My Profile" through the Websites or the Apps and deleting your Account. In this case, all Benefits collected by you will be forfeited upon cancellation.
If GDI provides a Termination Notice, it may, in its sole discretion, establish a replacement program. Without limiting the generality of the foregoing, if events beyond GDI's control materially affect GDI's ability to operate the Loyalty Programs, the Loyalty Programs may be suspended or terminated without notice.
7. PRODUCT PURCHASES AND USER ACCOUNT
If you register on the Websites for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. GDI reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
8. PRODUCT INFORMATION
Products which may be purchased from the Websites are available for sale and distribution to customers in Canada, the United States and other countries or territories where GDI deems it advisable. We attempt to ensure that information on our Websites is complete, accurate and current. Despite our commercially reasonable efforts, information on the Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Websites.
For example, products included on the Websites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Websites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of our acceptance of your offer to buy a product or service from GDI. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All features, content, specifications, products and prices of Products described or depicted on the Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. GDI attempts to be as accurate as possible in describing all Products available for sale and/or distribution by GDI. However, GDI does not warrant that Product descriptions or other content of the Websites are accurate, complete, reliable, current or error-free. We make commercially reasonable efforts to accurately display the attributes of our Products, including the applicable colours. Please note that because the colours of the Products you see will depend on your monitor, GDI cannot guarantee that your monitor will display the exact, actual colour of a Product displayed.
9. PRODUCT AVAILABILITY
Products which may be purchased from the Websites are available for sale and distribution to customers these Products will be available at that time as at any other time. The availability of certain Products may be limited, and Products may not be available for immediate sale. GDI may revise or cease to make available any Products at any time without prior notice. In the event that GDI is unable to deliver to you a Product you have ordered due to lack of availability, we will notify you via email and your order will be automatically cancelled with respect to such unavailable Product, provided that GDI may, at its sole discretion, contact you in order to allow you to maintain your order, subject to a revised delivery time if and when the Product becomes available.
10. PRODUCT ORDERS
Products which may be purchased from the Websites are available for sale and distribution to customers Before submitting an order for the purchase of Products using the Websites, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes.
When you submit your order, (by pressing the "Place Order" button) such order will constitute an offer from you to GDI to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on GDI until accepted by GDI. Our acceptance of your order is evidenced by return email from GDI indicating that your order has been accepted.
THE WEBSITES AND THEIR CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
United States orders shall be exempt from payment of Canadian federal goods and services taxes and any applicable provincial or harmonized sales taxes, and other Canadian taxes and duties associated with a Product order.
GDI reserves the right to limit the amount of Products Customers may order.
It is your responsibility to ascertain and obey all applicable local, state, provincial, federal and international laws in regard to the possession, use and sale of any item purchased from the Websites. By placing an order, you confirm that the Products ordered will be used only in a lawful manner.
The merchandise shown on the Websites constitutes invitations made to you so that you may offer to purchase our products and does not constitute an offer to sell. Your duly filled in and completed order form is your offer to purchase the products indicated by your order. Your order will be considered accepted by GDI only if and when we send you a shipping notification via email. This shipping notification, sent by email, constitutes our acceptance of your offer to purchase and represents a contract with GDI, who reserves the right to accept or refuse your contract offer.
Although it is rare that GDI would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:
11. PRODUCT PRICING
All prices and Product orders are quoted and shall be processed in the currency appearing on your web page. Although GDI strives to provide accurate Product and pricing information, errors may occur. GDI reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. GDI cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the Websites and/or the Order Confirmation) is incorrect due to an error in pricing or product information, GDI may, at its sole discretion, refuse or cancel your order, whether before or after GDI's acceptance thereof. If there is such an error in pricing, GDI will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
12. CONSENT TO USE ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and GDI over the Internet or by email or by any other means of electronic communication, and you agree that the Terms, together with any applicable Order Confirmation(s) accepted by GDI in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
GDI reserves the right, at its sole discretion, to limit quantities, terminate Accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, GDI will issue a full refund.
14. CUSTOMER RETURNS OF ORDERS
Once an order is submitted it cannot be modified or cancelled. You may return your order by mail or in-store
Items purchased online (except for final sale items) can be exchanged or returned in-store within 30 days from your order date. Your original sales receipt is required.
Note that our stores cannot credit your PayPal or Virtual Debit account. They will refund you using a Garage gift card. If you return it by mail to our Distribution Centre, a credit will be issued directly toward your PayPal or Virtual Debit account.
15. PAYMENT TERMS
Terms of payment for any Products purchased through the Websites shall be determined at GDI’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by GDI. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
16. SHIPPING AND TAXES
GDI will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation, as long as that shipping address is compliant with the shipping restrictions contained on the Websites. Delivery times provided by GDI are estimates only. GDI shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all Product prices quoted do not include shipping and handling charges and applicable federal, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Canadian customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order. Non-Canadian orders shall be exempt from payment of Canadian federal goods and service taxes and any applicable provincial sales taxes, and other Canadian taxes and duties associated with a Product order. However, non-Canadian customers are responsible for all sales, use, and any other taxes and duties imposed by any state or jurisdiction in their country of residence, associated with their order.
17. OWNERSHIP; RISK OF LOSS
All Product(s) purchased from GDI are delivered to you by a third party delivery company, pursuant to a shipping contract. As a result, risk of loss and title for Products purchased from the Websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
All Product returns are subject to GDI's Return Policy the terms of which are incorporated herein by reference. Some restrictions may apply.
19. COPYRIGHTS AND TRADEMARKS
The design of the Websites and all text, graphics, images, illustrations, articles, information, photographs, software, audio clips and video clips, information, content, and other material displayed on or that can be downloaded from the Websites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software and other technology components of the Websites are protected under applicable copyright laws in favour of GDI and/or its affiliates, subsidiaries and suppliers. The contents of the Websites are protected under applicable copyright laws in favour of GDI and/or its affiliates, subsidiaries and suppliers. All rights reserved.
You may not modify the information or materials displayed on or that can be downloaded from the Websites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations
The material on the Websites is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. GDI is the owner of the copyright on the Websites and, consequently, the material on the Websites may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, including but not limited to text, audio or video, without GDI's prior written consent.
Users of this site providing, without limitation, feedback, data, questions, comments or suggestions to GDI transfer and assign any and all rights attached to such feedback, data, questions, comments or suggestions, to GDI and further waive any and all moral rights they may have therein. GDI shall be free to reproduce, use, disclose and distribute such feedback, data, questions, comments or suggestions to third parties (excepting personal information allowing to identify such users), without limitation. Additionally, GDI shall be free to use any ideas, concepts, know-how or techniques contained in such feedback, data, questions, comments or suggestions for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products, and/or services incorporating such feedback, data, questions, comments or suggestions.
Certain trademarks, trade names, service marks and logos (collectively, the "Marks") used or displayed on the Websites are registered and unregistered Marks of GDI. Other Marks used or displayed on the Websites are the registered and unregistered Marks of their respective owners. Nothing contained in the Websites is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act without the express prior written permission of GDI or such other owner.
Notwithstanding the foregoing, GDI authorizes you to make one electronic or paper copy of the information posted on any page of the Websites provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the Websites. This license does not include any resale of the Websites or their contents; any collection of product listings, descriptions or prices; any other derivative use of the Websites or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Websites or any trademark, logo or other proprietary information (including images, text, page layout, or form) of GDI without express written consent from GDI. You may not use any meta tags or any other "hidden text" utilizing GDI's name or trademarks without the express written consent of GDI. Any unauthorized use of the Websites and/or their contents terminates the permission or license granted by GDI.
Except as what may otherwise be expressly provided herein, nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of GDI or any other person or entity.
20. ENGAGEMENT WITH GDI AFFILIATES:
GDI reserves the right to block from receiving marketing communications or to remove and unsubscribe from all GDI platforms any email address, phone number, and/or mailing address associated with customers determined by GDI to have characteristics of reselling and/or customer orders determined by GDI to be fraudulent. GDI platforms affected by such removal include but are not limited to: (i) any of GDI's online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.
21. YOUR MATERIAL
GDI is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Websites or any other GDI websites including any GDI pages on social networking websites and webpages such as Facebook, Twitter or YouTube (collectively, your "Material"). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of GDI or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party's proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold GDI harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. GDI reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
22. CONFIDENTIALITY OF THE MATERIAL TRANSMITTED
Other than your Account information and your information needed to process orders, GDI does not wish to receive Material from you that is confidential, secret or proprietary information.
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Websites, you hereby grant GDI a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or developed in the future. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by GDI of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against GDI for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that GDI is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected email communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to GDI or the Websites, no confidential, fiduciary, contractually implied or other relationship is created between you and GDI other than pursuant to the Terms. GDI shall not be responsible for the payment of any monies to any other party in connection with GDI's use of any information or Material provided by you to GDI or the Websites. You also represent and warrant that any and all such information or Material which you provide to GDI, whether provided by you electronically by accessing or using the Websites or otherwise, and GDI's use of this information and Material so provided as permitted in the Terms, does not infringe the rights of any other person or entity.
23. SUBSCRIPTION TO EMAILS, TEXT MESSAGES AND NOTIFICATIONS
You may opt-in to receive email communications from us:
Loyalty Program Members will be automatically subscribed to both Garage and Dynamite newsletters.
Opt out from receiving email communications from us by:
b) Text Messages
You may opt in to receive text message communications from us by texting a keyword to 369369 (when texting from Canada) or to 427427 (when texting from the USA).
To opt out of text message communications from us, text STOP to 369369 (when texting from Canada) or to 427427 (when texting from the USA).
STANDARD MESSAGE AND DATA RATES MAY APPLY. Please consult your service agreement with your wireless carrier to determine your phone's pricing plan. This program may not be available on all wireless carriers.
c) Push Notification on the App
You may opt in to receive push notifications on the App by accepting push notifications when signing up to the App or the first time you use the App.
To opt out of push notification, go to the notification settings of your device, find GRG app or DYN app, and switch notifications to 'off'.
d) Shipping Notification Alerts
GDI may also operate separate text message or email shipment notification alerts, which are subject to these Terms where applicable. Shipping alert text messages or emails do not come from the same short code, but instead come from a separate ten digit phone number or separate email address. Therefore, the shipping alert text messages and emails are separate and distinct from any brand's marketing text message or email program, and opting out of the shipping alert text messages or emails will not opt you out of the marketing text messages and emails, and vice versa.
You can opt out of shipping alert text messages or emails at any time by completing the actions as described in the "Email" and "Text Message" sections, as the case may be.
Your consent to receive Electronic Communications is not a condition of purchasing goods or services from GDI but is required for participation in our Loyalty Program. You agree that when you submit a request to opt in or opt out of receiving Electronic Communications, you may receive confirmatory text messages and/or emails from us.
In addition to the confirmatory Electronic Communication, you may receive a limited number of marketing text messages per calendar month for each brand for which you have signed up, as part of the ongoing text message program and newsletter email program to which you subscribed, which may include the latest updates on products, contests, special offers, polls and trivia, bestsellers, what's trending on social media or other similar content. You agree that any Electronic Communications sent in response to consumer-initiated communications are in addition to the marketing Electronic Communications set forth above.
For help related to the text message or email program, reply HELP/AIDE to any email received from any brand, or text HELP/AIDE to the short code above associated with the brand. For contact information of the sender related to the texts or emails, reply INFO to any email received from any brand, or text INFO to the short code above associated with the brand. You agree that when you initiate a text message to any of our brands' short codes, including STOP/ARRET, HELP/AIDE, INFO, and others, you may receive in reply, related text messages that are in addition to the above-referenced marketing text program messages.
You acknowledge that your request to stop receiving Electronic Communications may take up to 7 business days to take effect and that you may, during that time, continue to receive some Electronic Communications from us. GDI will use commercially reasonable efforts to comply with your request during that period of time.
You agree that GDI may change these Terms from time to time, through updating the online version of these Terms. Should there be a material change to these Terms, GDI will provide notice of such change via text messaging or email, depending on the medium on which you have subscribed to receive promotional materials, and such notices shall be in addition to the general marketing text messages and emails under this program.
24. USE OF YOUR MATERIAL BY US
GDI may monitor the access to the Websites (and any other of its websites) and other activities in relation to the Websites (and any other of its Websites) and may intervene in this regard. However, GDI makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if GDI ever decides to do it.
26. LINKS TO OTHER WEBSITES
a) Linking to the Websites
Creating or maintaining any link from another website to any page on the Websites without our prior written permission is prohibited. In order to obtain such permission, please refer to the “Contact Us” section below. Running or displaying the Websites or any information or material displayed on the Websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Websites must comply will all applicable laws, rules and regulations.
b) Third Party Links
From time to time, the Websites may contain links to websites that are not owned, operated or controlled by GDI or its affiliates and subsidiaries. All such links are provided solely as a convenience to you. If you use these links, you will leave the Websites.
Neither we nor any of our affiliates or subsidiaries are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates or subsidiaries endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Websites, you do so entirely at your own risk.
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GDI NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE WEBSITES WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITES ARE OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER GDI NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GDI AND ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS AND VENDORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GDI AND ITS AFFILIATES AND SUBSIDIARIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. GDI AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE US MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, IF APPLICABLE, OR IN ANY ACT OF A SIMILAR NATURE IN ANY TERRITORY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, THE WEBSITES AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THE WEBSITES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND GDI DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE WEBSITES AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITES, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITES OR ANY LINKED SITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THE TERMS.
BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.
By using the Websites, you hereby agree to indemnify, defend and hold GDI harmless from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, commercially reasonable attorneys’ fees) incurred by GDI in connection with any claim arising out of, based upon or resulting from your use of the Websites. GDI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without GDI’s written consent.
FOR THE PURPOSES OF THIS SECTION, “GDI” SHALL INCLUDE GDI’S DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS, LICENSORS, LICENSEES AND THIRD-PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.
29. LIMITATION OF LIABILITY
NEITHER GDI NOR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION OR FAILED MESSAGES, THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITES.
IN ADDITION, NEITHER GDI NOR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES MAY BE HELD LIABLE FOR ANY DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, GDI’S CONTRACTORS, THE INTERNET BACKBONE, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE COMMERCIALLY REASONABLE CONTROL OF GDI.
FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL GDI OR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES BE LIABLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF, OR RELIANCE ON, THE INFORMATION, OR USE OF THE WEBSITES. GDI AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY, OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.
IN NO EVENT WILL GDI OR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS OR ASSIGNS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITE LINKED TO THE WEBSITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURN POLICIES POSTED ON THE WEBSITES. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD GDI AND ITS AFFILIATES AND SUBSIDIARIES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, EXPENSES, AND ATTORNEYS’ FEES, ARISING FROM THE USE OF THE WEBSITES.
CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IF, DESPITE THE LIMITATIONS ABOVE, GDI IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE WEBSITES, IN NO CASE WILL GDI’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES.
FOR THE PURPOSES OF THIS SECTION, “GDI” SHALL INCLUDE GDI’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.
30. MODIFICATION OF WEBSITES; RESERVATION OF RIGHTS
GDI may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Websites or any aspect of them, including but not limited to any of the Websites’ content, features or hours of availability and GDI will not be liable to you or any third party for doing so. GDI may also impose rules for and limits on use of the Websites or restrict your access to part, or all, of the Websites without notice or liability. All rights not expressly granted in the Terms are reserved to GDI.
The Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
32. GOVERNING LAW
The Websites are controlled and operated by GDI from Montreal, Province of Québec, Canada, and the Terms, the Websites, any use of the Websites and any transaction conducted on or from it shall be governed by the laws of the Province of Québec and the laws of Canada, applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
33. DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise between you and GDI with respect to the Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the Judicial District of Montreal, Province of Québec, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
GDI makes no representation that Materials, information or Products provided on or through the Websites are appropriate or available for use in other locations or jurisdictions than Canada. Those who choose to access the Websites from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
37. NO WAIVER
GDI's failure to enforce any provisions of the Terms or to respond to a breach or default by you or any third party of the Terms shall not in any way waive GDI's right to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
38. EXPORT LAWS
Products sold or delivered under the Terms shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to indemnify, defend and hold GDI harmless against all claims, damages or liability resulting from breach of the foregoing.
39. ENTIRE AGREEMENT
The Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and GDI with respect to the use of the Websites and any transaction conducted on or from the Websites and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified, except in writing or by GDI making such amendments or modifications available to it pursuant to the Terms hereof.
40. NO ASSIGNMENT
You may not assign your rights or obligations herein without GDI’s express written consent.
GDI reserves the right, at its sole discretion, to terminate your access to all or any part of the Websites, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.
A French version of the Terms is available here
La version française de nos modalités et conditions d’utilisation est accessible ici
44. CONTACT US
Last updated: Dec. 2016