Terms of Use
THE LNK is your one-stop
shop for the International 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”)
are provided by Merchants that have been selected by 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.
To purchase Products, you can purchase as a guest or can register
an account. Guest checkout requires only
your e-mail address and mobile phone number, whereas an account requires you 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 and our Merchants pursuant
to our Privacy Policy. You acknowledge and expressly consent to
receiving e-mail, SMS or other electronic messaging mediums 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.
THE LNK aggregates
Merchants to provide you a range of Products to peruse and purchase. When you
select Product for purchase, it will be added to your bag. Account registration permits you to have your
order history easily available to you.
When you place an order,
you will receive an order confirmation message with a tracking number. If you experience issues with the delivery,
fulfillment or quality of Product, please contact THE LNK immediately. THE LNK
offers a 60-day money back guarantee if you’re not satisfied with the Products
you ordered, provided that the Products are returned in their original
condition with the original hang tag in place.
To facilitate a return, please contact us at help@shopthelnk.com and we
will provide you a return shipping label.
Products are subject to
taxes, but prices shown include duties and shipping charges, unless otherwise
specified.
When viewing the Product, by
default THE LNK displays the Products in the currency associated with the
country of your IP address. However, you
may purchase in any currency supported by THE LNK by selecting the currency
from the top right of the
website. Upon processing your purchase, you
will be charged in the selected currency.
You are responsible for all credit card processing fees and all charges
associated with currency conversion if you purchase in a currency other than
that native to your credit card.
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.
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 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.
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.
This site is controlled by
THE LNK from servers primarily 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 laws of
Canada, 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 Mississauga, Ontario.