Terms of Use

 

General

THE LNK is your one-stop shop for the South Asian clothing and accessories market.  When you access or visit shopthelnk.com or use THE LNK mobile application (“THE LNK”, “we”, “our”) you will be able to browse and purchase clothing and accessories (“Products”) from merchants around the world (“Merchants”).  The images, listings, descriptions, pricing and content for the Products (“Merchant Content”) is provided by Merchants that have signed up with THE LNK. 

When you view or purchase Products, these Terms of Use (“Terms”), together with our Privacy Policy (collectively, “Agreements”), will govern your use of THE LNK.  By accessing THE LNK, you agree to be bound by the terms and conditions of the Agreements. 

Although THE LNK endeavours to keep content current, we do not warrant the accuracy or completeness of content on THE LNK. It may contain technical inaccuracies or typographical errors. We may change or update THE LNK without notice.  THE LNK may contain links to unaffiliated third parties.  We are not responsible for the terms of use for third party sites.

Registration and Use

To purchase Product, you must register an account and provide your name, e-mail address, mobile phone number, and optionally, a profile photo, biographical information, and user preferences (“Account Information”).  The Account Information will be collected and processed by us pursuant to our Privacy Policy.  You acknowledge and expressly consent to receiving e-mail and SMS messages from THE LNK and our Merchants.  You may choose not to provide us consent or revoke your consent, in which case you may not be able to use of some of the services offered by us.

In registering for an account, you acknowledge that you will keep your account login information secure and confidential, and not share or authorize anyone else to use your account, accept as permitted by law.  If you suspect or become aware of unauthorized access to your account, you agree to promptly notify us at help@shopthelnk.com, and co-operate with us in securing your account and pursuing any legal remedies available to us, if we so choose.

To ensure the integrity of THE LNK, you warrant to us that your Account Information is accurate.

Purchasing Products

THE LNK aggregates Merchants to provide you a range of Products to peruse and purchase. When you select Product for purchase, you will be taken directly to the Merchant’s website.  Although Merchants have agreements with us to protect use of your Personal Information as defined in our Privacy Policy, any information you provide to the Merchant will be collected, stored and processed in accordance with the terms and conditions and privacy policy of that Merchant, including your name, billing and shipping address, credit card details, etc.  THE LNK is not responsible for the terms and conditions, privacy policies of and practices of a Merchant.

If you experience issues with the delivery, fulfillment or quality of Product, please contact the Merchant directly as THE LNK is not responsible for any issues arising from your purchase for Product from a Merchant, including payment processing, delivery, refunds or exchanges.

Taxes, Duties & Currency

Products are subject to taxes, duties and shipping charges from the Merchant directly.  

When viewing the Product, THE LNK displays the Products in either Canadian dollars or United States dollars.  Upon processing your purchase, you will be charged in the currency posted on the Merchant site.  You are responsible for all credit card charges associated with currency conversion if the Product is offered in a currency other than that native to your credit card. 

Licence and Use of Marks

In addition to the Account Information, and except as set out in our Privacy Policy, or as required by law, you expressly acknowledge and agree that anything you send to us electronically, such as comments or product recommendations is owned or created by you, or provided to us with permission (“Submitted Content”).  You own the Submitted Content and grant to THE LNK a perpetual, irrevocable, sub-licensable, royalty-free, fully paid licence to use the Submitted Content for any purpose, including developing and marketing new products and services, and for sharing with partners.  You waive your moral rights in the Submitted Content and agree that you will not be compensated for use by THE LNK or its partners for use of the Submitted Content.

We do not endorse Submitted Content.  However, if we believe the Submitted Content constitutes a Prohibited Action, we reserve the right to modify, alter or delete the Submitted Content. 

In addition to the Merchant Content, THE LNK contains names, words, phrases, domain names, logos, graphics and designs that are THE LNK’s property, including trade names or trade-marks for THE LNK and its licensors (“Proprietary Content”). You are not granted a licence of any kind to the Proprietary Content, even if you register for an account. Copying, modifying, or re-transmitting Proprietary Content is a violation of our rights and may violate international law, for which you could be liable. The Proprietary Content is protected under the copyright and trade-mark laws of Canada and other countries.

Prohibited Actions

To ensure the protection of other users, you shall only use this website for lawful purposes. In your use of THE LNK, you acknowledge and agree that you are strictly prohibited from taking the any or all of actions set out below (collectively, “Prohibited Actions”):

·       loading, transmitting, distributing, or storing material or information in violation of any applicable law or regulation

·       loading, transmitting, distributing, or storing material or information protected by copyright, trade-mark, trade secret or other intellectual property right used without proper authorization, including images of people and moral rights

·       loading, transmitting, distributing, or storing material or information that is obscene, defamatory, constitutes an illegal threat, or violates export control laws

·       monitoring data or traffic on any network or system without express prior written authorization from THE LNK

·       interfering with service to any user, host or network including, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks

·       forging any TCP-IP packet header or any part of the header information in an e-mail

·       sending unsolicited mail or e-mail messages

·       distributing spam, chain mail, or pyramid schemes

·       soliciting or providing unlawful services

·       taking any action that imposes, or may impose (in our sole discretion) an unreasonable load on our infrastructure

·       scraping, crawling or spidering or otherwise use the THE LNK for phishing, spamming, trolling or any unauthorized purpose

·       accessing or using data, systems or networks to attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior written authorization from THE LNK

·       facilitating any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any user's information or our infrastructure;

·       taking any action that may violate international trade sanctions law

·       taking any action that may cause us to lose any of the services from our internet service providers or other suppliers

If we discover you have committed, or are committing, a Prohibited Action or otherwise breach these Terms, we may immediately, and without notice, suspend or terminate your account.  We may also pursue legal action to stop or minimize the impact of your Prohibited Action, and, to the extent permitted by law, you waive all of your defences against any action by us to stop or limit any Prohibited Action.

Disclaimer and Limitation of Liability

THE LNK is not liable for transactions between you and a Merchant, even if we receive a fee for the transaction.

THE LNK shall not be liable to for any loss of money, goodwill, or reputation, direct, indirect, incidental, punitive, exemplary, special or other consequential damages for your use of the LNK, or for any transactions with a Merchant, including loss of profits, interruption of business, loss of programs or other data on your computer system, even if we are advised of the possibility of these damages. THE LNK is provided “as is”. All warranties, terms and conditions are disclaimed, including the implied warranties and conditions of merchantability or fitness for a particular purpose.

You indemnify THE LNK, its officers, directors, agents, subsidiaries, and employees, from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms, including claims arising as a result of your Prohibited Action.

Governing Law and Jurisdiction

This site is controlled by THE LNK from servers located in Canada. By accessing THE LNK, you agree that all claims relating to your use of, or access to, this site, shall be governed by the laws of the Province of Ontario and applicable federal law, without regard to its conflicts of law principals. You also agree and submit voluntarily to the exclusive jurisdiction and venue of the courts sitting in the Mississauga, Ontario.