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Conditions of
Use.
Welcome to the Internet Site of ZENASWIMWEAR. This
Internet Site comprises various Web pages and is owned and operated by
ZENASWIMWEAR. or its subsidiaries and affiliates (collectively referred
to herein as "ZENASWIMWEAR). PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this
Internet Site as well as all sale of products and services offered on
this Internet Site are subject to the legal terms and conditions
outlined below (collectively, the "Terms and Conditions").
Your use of this Internet Site in any manner, including
browsing, activating an account with us or making a purchase,
constitutes your acknowledgement that you have read the Terms and
Conditions and that you agree to follow and be bound by them.
ZENASWIMWEAR reserves the right to modify or change the Terms and
Conditions at any time without prior notice to you. Your continued use
of the Zenaswimwear.com website signifies your acceptance of such
revised Terms and Conditions; therefore, we urge you to read them
carefully each time you use this Internet Site.
Please note that the guidelines, policies and other terms
and conditions of use and sale and other ZENASWIMWEAR -affiliated or
co-branded websites may vary.
Please also see our
Security
and Privacy Policy
as well as our
Construction Time Policy,
Shipping Policy,
and
Returns Policy.
PERSONAL
AND NON-COMMERCIAL USE LIMITATION
You may copy electronically or print hard copies of any
of the Web pages from this Internet Site provided that such copying or
printing is for your personal non-commercial and lawful use, and
provided that such copies clearly display the copyright, trademark and
any other proprietary notices of ZENASWIMWEAR. Except when the express
written authorization of ZENASWIMWEAR is granted, you may not copy,
transmit, distribute, display, perform, reproduce, publish, transfer,
frame or create derivative works of any of the Web pages and information
(including any portion of them) which is obtained from this Internet
Site. ZENASWIMWEAR reserves complete title and full intellectual
property rights in any material that you may copy electronically or
print from this Internet Site.
PROHIBITED
OR UNLAWFUL USE
You warrant to ZENASWIMWEAR that you will not use this
Internet Site for any purpose that is either unlawful or prohibited by
the Terms and Conditions. You agree not to use this Internet Site in any
manner which could cause it to be disabled, damaged, overloaded, or
impaired or interfere with any other person's use and enjoyment of this
Internet Site. You may not misrepresent your identity or location as a
user and you may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through this Internet Site. ZENASWIMWEAR EXPRESSLY
PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TO Zenaswimwear.com
including links to the home page or any other page on the
Zenaswimwear.com domain.
ACCOUNT
NAME AND PASSWORD
For certain activities on this Internet Site, you are
required to have an account name and a password. It is solely your
responsibility to keep your account information and password secure. You
must not disclose your password to anyone. You agree to notify
ZENASWIMWEAR immediately of any unauthorized use of your account.
ZENASWIMWEAR DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR
FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.
PROPRIETARY
RIGHTS
"Zenaswimwear.com", ZENASWIMWEAR logos and trademarks, as
well as certain other names, words, logos, slogans, images, marks, trade
names, and trademarks used on this Internet Site, are the properties of
their respective owners. You may not use, reproduce, copy or manipulate
any such logos, trademarks, slogans, images, marks, or trade names in
any manner without the prior written consent of the owner.
All content of this Internet Site, including all
information, design, images, sound, photographs, video, illustrations,
links to other Internet Sites, icons, graphics, headers, text, data and
software (collectively, "Content") and the presentation, arrangement,
coordination, enhancement and selection of such Content are subject to
intellectual property rights, including copyright, trademark, or other
proprietary rights or licenses held by ZENASWIMWEAR or a ZENASWIMWEAR
affiliate or by third parties who have licensed their rights to
ZENASWIMWEAR. All such rights are expressly reserved.
LIMITATION
OF LIABILITY
IN NO EVENT SHALL ZENASWIMWEAR, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE
LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES)
ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR
RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET
SITE EVEN IF ZENASWIMWEAR OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET
SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY
PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR
ANY REASON, THEN ZENASWIMWEAR TOTAL LIABILITY TO YOU SHALL IN NO EVENT
EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN
WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You shall indemnify and save harmless ZENASWIMWEAR, its
officers, directors, employees, affiliates, partners, service providers,
consultants, representatives and agents from and against any claim,
cause of action or demand, including, but not limited to, reasonable
legal, accounting and other professional fees brought as a result of
your use of this Internet Site
ONLINE
SHOPPING
In order to purchase through this Internet Site you must
be the age of majority in your province/territory of residence and you
must agree to pay for all charges noted on this Internet Site as payable
by you. All prices listed on this Internet Site are in Canadian dollars
and all charges will be processed in Canadian dollars. Furthermore, any
product ordered or purchased from this Internet Site may only be ordered
or purchased for non-commercial and lawful purposes and any other use is
not permitted. ZENASWIMWEAR reserves the right to limit the quantities
of certain products which you can purchase through the facilities of
this Internet Site. In addition to any other rights or remedies,
ZENASWIMWEAR may, in its sole discretion and without any limitation of
liability, restrict or terminate your access to any part of this
Internet Site at anytime.
"Errors,
Inaccuracies or Omissions"
ZENASWIMWEAR makes every effort to ensure that the
Content on this Internet Site is complete and current. However,
ZENASWIMWEAR does not guarantee that the information contained on this
Internet Site will not contain errors, inaccuracies or omissions. Such
errors, inaccuracies or omissions may relate to price or to product
description or availability. ZENASWIMWEAR reserves the right to correct
any error, inaccuracy or omission or to change or update the Content
without prior notice to you. Further, ZENASWIMWEAR reserves the right to
refuse or cancel any orders containing any error, inaccuracy or
omission, whether or not the order has been submitted, confirmed and/or
your credit card has been charged. If your credit card has been charged
for the purchase and your order is cancelled, ZENASWIMWEAR shall
promptly issue a credit to your credit card. If you are otherwise
unsatisfied with your purchase, you may return it to ZENASWIMWEAR.
Please also see our
Returns/Alterations Policy.
"Prices"
Please note that all prices listed on this Internet Site
are for online purchases only. Furthermore, ZENASWIMWEAR charges sales
tax for products ordered on this Internet Site based on the applicable
combined federal and provincial sales tax rate of the location to which
the order is being shipped. Please also see our
Sales Tax
Policy.
"Colours"
Please note that although ZENASWIMWEAR attempts to
display the colours of the product shown on this Internet Site as
accurately as possible, we cannot guarantee that the colour you see
matches the product colour, as the display of colour depends, in part,
upon the type of computer monitor used by you.
"Delivery"
If shipping or delivery services are made available by
ZENASWIMWEAR, ZENASWIMWEAR will endeavor to ship or deliver any ordered
product as quickly as possible and within any time periods indicated on
our website. However, you acknowledge and agree that ZENASWIMWEAR will
not be held responsible for any delays in shipping or delivery. Where
delivery is delayed, ZENASWIMWEAR will notify you as soon as possible.
Please also see our
Construction Time Policy
and
Shipping Policy,
LINKS TO
OTHER INTERNET SITES ARE NOT ENDORSEMENT
This Internet Site may contain links to other Internet
Sites which are provided to you for your convenience. Please note that
the provision of any links to other Internet Sites does not constitute
an endorsement by ZENASWIMWEAR of such linked Internet Sites. All such
other Internet Sites are wholly independent from this Internet Site and
from ZENASWIMWEAR and ZENASWIMWEAR has no control or power over such
other Internet Sites including their content. If you visit any of the
linked Internet Sites, we urge you to review their respective terms and
conditions of use as well as their policies on privacy and security.
ENTIRE
AGREEMENT
These Terms and Conditions, together with the Production
Policy, Returns/Alterations Policy, Shipping Policy as well as the
Security and Privacy sections of this Internet Site, constitute the
entire agreement between ZENASWIMWEAR and you regarding the subject
matter of this agreement, and supersede all prior or contemporaneous
communications, whether electronic, oral or written between ZENASWIMWEAR
and you with respect to such subject matter. In the event of a conflict
between these Terms and Conditions and the Pricing Policy or
Returns/Alterations Policy, these Terms and Conditions shall prevail.
SEVERABILITY
These Terms and Conditions shall be deemed severable. In
the event that any provision of the Terms and Conditions is determined
to be unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any
other remaining provisions.
GOVERNING
LAW
The Terms and Conditions as well as the use of this
Internet Site, including any order or purchase made through this
Internet Site shall be governed by the laws of the province of British
Columbia and the laws of Canada applicable therein. The United Nations
Convention on Contracts for the International Sale of Goods shall not
apply.
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