Terms and Conditions

The following are terms of a legal agreement between you and The View Window Fashions on its behalf and on behalf of its subsidiaries and affiliates. By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. Please read them carefully. You further agree to be governed by any additional terms and conditions that may apply to you arising out of your accessing of, browsing, and/or using this site, whether contained on this site or in a separate agreement with The View Window Fashions.

In the event of any conflict between these Terms and Conditions of Use and such additional terms and conditions, such additional terms and conditions shall govern to the extent of the conflict. THE VIEW WINDOW FASHIONS reserves the right, at its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this site. If you disagree with these Terms and Conditions of Use, please do not use this site. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site after posting any changes to the Terms and Conditions of Use constitutes acceptance of those changes.

3rd Party Links and Details
This site may contain links to third-party websites (“Linked Sites”) and may incorporate information obtained from third parties (“Third Party Information”). The Linked Sites and Third Party Information are not under the control of THE VIEW WINDOW FASHIONS, and THE VIEW WINDOW FASHIONS is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links, or any other aspect of the Linked Sites. THE VIEW WINDOW FASHIONS is not responsible for any form of transmission received from any Linked Site, nor is THE VIEW WINDOW FASHIONS responsible if the Linked Site is not working appropriately. THE VIEW WINDOW FASHIONS provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by THE VIEW WINDOW FASHIONS of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted on the Linked Sites.

Any dealings with third parties conducted through the site or Linked Sites, including the delivery of and the payment for goods and services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party. THE VIEW WINDOW FASHIONS shall not be responsible or liable for any part of any such dealings.

Privacy
Occasionally, you may be requested to provide THE VIEW WINDOW FASHIONS with personal information. Such personal information is subject to THE VIEW WINDOW FASHIONS’s Privacy Policy. If appropriate in its reasonable opinion, THE VIEW WINDOW FASHIONS may provide your personal information to any of its local Representatives, and you consent to transferring such personal information.

Your Obligations for Use
In consideration of your use of any services provided on this site, you agree to: (a) provide true, accurate, current and complete information about yourself where prompted by this site (such information being the “Personal Data”); and (b) maintain and promptly update the Personal Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or THE VIEW WINDOW FASHIONS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, THE VIEW WINDOW FASHIONS has the right to suspend or terminate any services provided to you by THE VIEW WINDOW FASHIONS and refuse any and all current or future use of THE VIEW WINDOW FASHIONS services (or any portion thereof).

You are responsible for all activities you undertake using any service provided by THE VIEW WINDOW FASHIONS, including, without limitation, access to materials on the Internet (whether at a password-protected site or not) and use of email. All such activities are at your own risk. You shall not use, nor permit others to use, this site or any THE VIEW WINDOW FASHIONS services provided through this site in a manner or for a purpose contrary to these Terms and Conditions of Use. You agree to abide by their respective usage policies if you access other networks or computing resources. You are responsible for all activities under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other security breach. You will not disrupt the site’s functioning, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the site. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

When you visit this site or send emails to THE VIEW WINDOW FASHIONS, you are communicating with THE VIEW WINDOW FASHIONS electronically, and you consent to receive communications from THE VIEW WINDOW FASHIONS electronically. THE VIEW WINDOW FASHIONS will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that THE VIEW WINDOW FASHIONS provides to you electronically satisfy any legal requirement that such communications be in writing. Any feedback that you provide shall be deemed to be non-confidential.

THE VIEW WINDOW FASHIONS does not claim ownership of the materials you provide to THE VIEW WINDOW FASHIONS in any way. However, by posting, uploading, inputting, providing or submitting any such materials, you are granting THE VIEW WINDOW FASHIONS and any necessary sublicensees permission to use your submitted materials in connection with the operation of its business, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted material; and to publish your name and any contact information you approve of in connection with your submitted material.

No compensation will be paid concerning the use by THE VIEW WINDOW FASHIONS of your submitted material, as provided herein. THE VIEW WINDOW FASHIONS is under no obligation to post or use any material you may provide. THE VIEW WINDOW FASHIONS may remove any such material at any time at its sole discretion. By posting, uploading, inputting, providing or submitting your material, you warrant and represent that you own or otherwise control all of the rights to your material(s) as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the material(s).

Notwithstanding the foregoing, any suggestions, improvements or modifications to THE VIEW WINDOW FASHIONS products and services (“Enhancements”) made by you or anyone acting on your behalf, including your employees, will be the property of THE VIEW WINDOW FASHIONS without any further consideration to you, whether or not such Enhancements are incorporated into THE VIEW WINDOW FASHIONS products and services.

Forbidden Uses
You may not use this site and/or THE VIEW WINDOW FASHIONS services in any manner which could damage, disable, overburden, or impair this site and/or any THE VIEW WINDOW FASHIONS services (or the network(s) connected to such site or services) or interfere with any other party’s use and enjoyment of this site and/or THE VIEW WINDOW FASHIONS’ services. You may not attempt to gain unauthorized access to this site and/or any THE VIEW WINDOW FASHIONS service, other accounts, computer systems or networks connected to this site, through hacking, password mining, or other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this site.

THE VIEW WINDOW FASHIONS reserves the right at all times to disclose any information as THE VIEW WINDOW FASHIONS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in THE VIEW WINDOW FASHIONS’s sole discretion.

Global Use
As this site may be accessed globally, if you choose to access this site from locations other than the United States or Canada, you do so on your own initiative. You are responsible for compliance with all applicable local use controls, laws, and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the preceding, THE VIEW WINDOW FASHIONS makes no representation that materials on this site are appropriate or available for use in locations outside the United States or Canada, as applicable, and accessing them from territories where their contents are illegal is prohibited.

Non-Commercial Use
Access to this site is for personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site for any public, business, or commercial purpose without THE VIEW WINDOW FASHIONS’ express prior written consent.

Types of Purchase
By making any purchase from THE VIEW WINDOW FASHIONS through this site, you agree to abide and be bound by the terms and conditions of THE VIEW WINDOW FASHIONS’ End-User Agreement or THE VIEW WINDOW FASHIONS’s Terms and Conditions of Purchase, as applicable, along with any other terms and conditions that you agree to in the course of making your purchase. You further agree that you will not make any purchase from this site without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through this site where local laws prohibit such purchases. You acknowledge that all purchases made by you through this site are for your internal or personal use only and are not for resale or export unless you are a duly authorized distributor of THE VIEW WINDOW FASHIONS.

Downloads
All content and software (if any) that is made available to view and/or download in connection with this site, including, without limitation, text, audio, graphics, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, artwork, and computer code, but excluding content and/or software that may be made available by end users through a Communication Service (“Software”) is owned, controlled, or licensed by or to THE VIEW WINDOW FASHIONS, and is the copyrighted work of THE VIEW WINDOW FASHIONS and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the software license agreement, if any, which accompanies or is included with the Software (“Licence Agreement”). You may not install or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms.

If a licence agreement does not accompany any Software, it shall be governed by the terms of THE VIEW WINDOW FASHIONS’ Software Licence Agreement.

You further agree that you will not download any content or software without complying with all applicable use controls, laws, and regulations, and you warrant that you will not download any content or software where local laws prohibit such downloading.

Warranty Disclaimers
All information, materials, information, software, products, services as well as other content contained in this site or obtained from a linked site is provided to you “as is” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.

The View Window Fashions has made reasonable efforts to post current and accurate information on this site. However, the View Window Fashions assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in this site. Under no circumstances will THE VIEW WINDOW FASHIONS be liable for any loss or damage caused by your reliance on information obtained through this site. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information provided, and your use of this site is solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.

Limitation of Liability
You specifically agree that THE VIEW WINDOW FASHIONS shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this site.

In no event shall THE VIEW WINDOW FASHIONS be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including, without limitation, those resulting from:

reliance on the materials presented
costs of replacement goods
loss of profits
delays or business interruptions
any theory of liability arising out of or in connection with the use of, or inability to use this site, whether or not THE VIEW WINDOW FASHIONS has been advised of the possibility of such damages.

Indemnification
Upon reasonable request by THE VIEW WINDOW FASHIONS, you agree to defend, indemnify, and hold harmless THE VIEW WINDOW FASHIONS and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site, your connection to this site and/or THE VIEW WINDOW FASHIONS’ services, your non-compliance with these terms and conditions of use, or your violation of any third-party rights. THE VIEW WINDOW FASHIONS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. In this event, you will cooperate with THE VIEW WINDOW FASHIONS to assert any available defences.

Content Submitted to THE VIEW WINDOW FASHIONS by You
By posting, uploading, inputting, providing, or submitting any information to this site, you consent to THE VIEW WINDOW FASHIONS’ collection of such information. You grant THE VIEW WINDOW FASHIONS, its affiliated companies, and necessary sublicensees permission and a worldwide royalty-free license to use such submitted information in connection with the operation of this site and its business, including, without limitation, the worldwide, royalty-free rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your submitted information; and to publish your name or any contact information you approve of in connection with your submitted information. No compensation will be paid concerning the use of your submitted information.

THE VIEW WINDOW FASHIONS is not obligated to post or use any information you may provide. THE VIEW WINDOW FASHIONS may remove any such information at any time in its sole discretion. For greater certainty, THE VIEW WINDOW FASHIONS does not claim ownership of any information that you may provide to THE VIEW WINDOW FASHIONS, unless otherwise expressly provided. Notwithstanding the foregoing, any Enhancements made by you or anyone acting on your behalf, including your employees, will be the property of THE VIEW WINDOW FASHIONS without any further consideration to you, whether or not such Enhancements are incorporated into THE VIEW WINDOW FASHIONS’ products and services.

Suppose you confidently submit personal information to THE VIEW WINDOW FASHIONS through this site. In that case, you consent to the collection, processing, transmission, and disclosure of such information by THE VIEW WINDOW FASHIONS for THE VIEW WINDOW FASHIONS’ internal use and specifically the purposes set out on the web page requesting such information or in THE VIEW WINDOW FASHIONS’ Privacy Policy. THE VIEW WINDOW FASHIONS will make commercially reasonable efforts to keep such personal information confidential and shall not disclose such personal information to any third party except: (a) in confidence and to facilitate the provision of products and services to you, (b) to the extent required by law, or (c) following THE VIEW WINDOW FASHIONS’ Privacy Policy.

Intellectual Property Rights
The Toronto International Design Centre and THE VIEW WINDOW FASHIONS are registered trademarks of The International Centre and are used under licence by THE VIEW WINDOW FASHIONS. All other trademarks, service marks, and logos used and displayed on this site are registered and unregistered trademarks of THE VIEW WINDOW FASHIONS. The above-noted trademarks and trade dress may not be used in connection with any product or service that has not been authorized by THE VIEW WINDOW FASHIONS or in any manner that is likely to confuse customers or in any manner that disparages or discredits The International Centre or THE VIEW WINDOW FASHIONS. All other trademarks not owned by The International Centre or THE VIEW WINDOW FASHIONS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The International Centre or THE VIEW WINDOW FASHIONS.

Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyrights or trade secrets, relating to the contents of this site, including, without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with THE VIEW WINDOW FASHIONS. Any grants not expressly granted herein are reserved. All contents of this site are copyrighted by THE VIEW WINDOW FASHIONS. All rights reserved.

Modifications to Services Provided
THE VIEW WINDOW FASHIONS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services (including email services) provided through this site (or any part thereof) with or without notice or following the terms of your separate written agreement with THE VIEW WINDOW FASHIONS. You agree that THE VIEW WINDOW FASHIONS shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.

Notice
All demands, notices, communications and reports required under these terms and conditions of use, including any notice of infringement of your copyright, shall be in writing and personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to THE VIEW WINDOW FASHIONS at the address specified below:

6900 Airport Road, Unit 107A
Mississauga ON
L4V 1E8
Telephone: 416-489-9990
Email: info@theviewwindowfashions.com

General Provisions
This agreement is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these terms and conditions of use or to any contracts relating to goods or services obtained through this site.

No joint venture, partnership, employment, or agency relationship exists between you and THE VIEW WINDOW FASHIONS as a result of this agreement or use of this site and/or THE VIEW WINDOW FASHIONS’ services. THE VIEW WINDOW FASHIONS’ performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement is in derogation of THE VIEW WINDOW FASHIONS’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this site, THE VIEW WINDOW FASHIONS services, or information provided to or gathered by THE VIEW WINDOW FASHIONS concerning such use.

If any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and THE VIEW WINDOW FASHIONS for this site and THE VIEW WINDOW FASHIONS’ services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and THE VIEW WINDOW FASHIONS concerning this site and THE VIEW WINDOW FASHIONS’ services.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express will of the parties that this agreement and all related documents have been drawn up in English.