General terms & conditions
TERMS AND CONDITIONS OF
Last revision: April 30, 2020
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Scout Clothing (the “Website”).
Your access to or use of the Website indicates that you have read, understand, and agree to be bound by these Terms and Conditions and any other applicable laws, statutes, and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
All intellectual property on the Website (except for user-generated content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered, and/or licensed by us. All content on software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Scout Clothing; All rights reserved.
USE OF COMPANY MATERIALS
“User-generated content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Webite users post or otherwise make publicy available on or through the Website, except to the extent the content is owned by us.
ACCOUNT AND ACCOUNT USE
If you use of the Website requires an account identifying you as a user of the Website:
- You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.
- You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
- You agree to provide true, current, accurate, and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate.
When you make a purchase on the Website, you agree to provide a valid instrument to make payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of the law.
SHIPPING, DELIVERY, & RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit card at the time you place your order or we may simply charge your credit card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Scout Clothing. You further agree not to use the Website and/or access to the Website:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of us or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
You may not undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
- Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You defend and indemnify Scout Clothing and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, you breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to do so.
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
Your use of the Website is at your sole and exclusive discretion and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability of our accuracy of any information on the Website. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of our Website is you sole responsibility and we are not liable for such damage or loss.