Terms & Conditions

Welcome to fashionforwardcanada.com (the "Website"). Please read these Terms of Use carefully before using the Website. By using the Website, you signify and acknowledge your agreement with these Terms of Use. If you do not agree with any of the Terms of Use, as written below, you are not authorized to use this site, and do not use this site.

The Website is owned and operated by Fashion Forward Apparel Canada Inc. ("FFAC"), from its offices located in Vancouver, British Columbia, Canada. FFAC reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time in future and you agree to be bound by all such modifications, alterations or updates. As a result, you should review these Terms of Use regularly to ensure you are well informed of any such alterations or updates.

Your Account
If you use the Website, you are responsible for all activity on your account, including all purchases made by you or anyone using your account, including your children, or others, as the case may be. In that regard you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, if necessary, and you agree to accept responsibility for all activities that occur under your account or password.

This means that you will be responsible for all usage and purchases made, or purporting to be made, under your account. You agree to authorize FFAC to charge purchases you make on-line to the credit card you supply to FFAC and its credit card processors, if any, when you purchase any products and/or services through the website.

FFAC does not sell products to children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Website only with the involvement and consent of a parent or legal guardian.

FFAC reserves the right to refuse service, terminate accounts, remove or edit content, cancel orders, or to authorize any third parties in doing so, if applicable, in its sole discretion.

Copyrights
All material on this site (the "Works", including, but not limited to text, graphics, images, logos, button icons, computer software, compilations, other illustrations, audio clips, video clips, and any other works in which copyrights may subsist are protected by copyrights (the "Copyrights") which are owned and controlled by FFAC or by other parties that have licensed such works to FFAC. The Works may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way other than strictly in the normal course of viewing or interacting with the Works through your web browser.

For clarity and without limiting the generality of the preceding statements, you may not use or reproduce any of the Works on any other website or networked computer environment, and you may not sell or modify the Works or reproduce, display, publicly perform, distribute, or otherwise use the Works in any way for any public or commercial purpose.

Nothing contained on the Website should be considered as granting, by implication, estoppels, or otherwise, any license or right to use any of the Works without the expressed written consent of FFAC (or any applicable third parties) or otherwise than as explicitly described in these Terms of Use.

Trademarks
The Website depicts and describes wares, services and other FFAC graphics, logos, page headers, button icons, scripts, and other names which are trademarks, registered trademarks or trade dress (collectively, the "Trademarks" of FFAC or its affiliates in Canada or other countries. The Trademarks may not be used in connection with any product or service that is not owned by FFAC, in any manner that is likely to cause confusion among the general public, or in any manner that disparages, discredits, or competes with FFAC or the Website. All trademarks, if any, not owned by FFAC that appear on the Website are the property of their respective owners.

Use of Materials
FFAC grants you a limited license to access and make personal use of the Website and not to download (other than page caching by your web browser) or modify it, or any portion of it, except with express written consent of FFAC.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FFAC without first obtaining FFAC's express written consent. You may not use any meta tags or any other "hidden text" utilizing FFAC's name or trademarks without the express written consent of FFAC. Any unauthorized use terminates the permission or license granted by FFAC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FFAC so long as the link does not portray FFAC or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FFAC logo or other proprietary graphic or trademark as part of the link without the express written permission of FFAC.

Submissions
FFAC may, from time to time, provide or otherwise make available to you certain opportunities (the "User Forums" for you to interact with FFAC or its customers or others using such technologies such as electronic chat rooms, forums, messaging services, or other technologies.

Any notes, message billboard postings, ideas, suggestions, concepts or other material (the "Submitted Material" submitted by you through any of the User Forums will immediately become the sole property of FFAC and FFAC shall be entitled to use the Submitted Material for any type of use forever, including in any media, whether now known or devised at any time in the future. When you submit material through the User Forums, you agree that FFAC has the right to publish the Submitted Material for any type of use as outlined above including promotional and advertising purposes.

FFAC is not, however, responsible for any Submitted Material, and the views expressed in any Submitted Materials are not necessarily those of FFAC. You shall not submit or otherwise publish through the User Forums any content which:

• libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
• infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks;
• violates any law;
• advocates illegal activity; or
• advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify FFAC and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims or threatened claims, demands, liabilities, costs or expenses, including reasonable lawyer's fees, resulting from any of your use of the User Forums.

FFAC has no obligation to, and does not and cannot review, every item of material or information making up the Submitted Material. However, FFAC reserves the right to monitor, delete and/or refuse to transmit, move, or edit any Submitted Material, in whole or in part, without notice to you and for any reason whatsoever.

The User Forums, if at all, are provided as a convenience and entertainment only. You will not rely on any information depicted or described in any of the User Forums without first obtaining advice from a professional qualified to give such advice.

Cooperation with Law Enforcement
To the fullest extent possible, FFAC will fully co-operate with any law enforcement authorities or court orders requesting or directing FFAC to disclose the identities of any persons posting illegal or possibly illegal materials through the User Forums.

Disclaimer of Warranties & Limitation Of Liability
Please read this section carefully, as it contains clauses which limit FFAC's liability to you.

All materials depicted through or by the Website are provided "as is" and without warranties of any kind, either express or implied; and to the fullest extent allowed by law, FFAC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Further, FFAC does not warrant that the computer functions, if any, contained in the Materials will be uninterrupted or error-free, that defects, if existing, will be corrected, or that the Website or the servers that make it available to you are free of viruses or other potentially harmful components.

FFAC does not warrant or make any representations regarding the use or the results of the use of the materials in the Website in terms of their correctness, accuracy, reliability or otherwise. You (and not FFAC) assume the entire cost of all necessary servicing, repair or correction, if any.

FFAC makes no representations or warranties regarding information or views expressed in the User Forums. Furthermore, neither FFAC nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, threatened claim, liability or other cause of any kind or character whatsoever based on or resulting from any information, opinions, or any other thing provided through the Website.

For any number of reasons outside the control of FFAC, products or services offered through the Website may not be available in your geographic location, and references in the Website to the general availability of any products or services is not a warranty or representation that such products or services are available in your geographic location.

Under no circumstances (including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach) shall FFAC or its affiliates and related companies, if any, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results from the failure or delay in the delivery or, or the use of, or the inability to use, any products and/or services purchased or accessed by you through the Website. You specifically acknowledge and agree that neither FFAC nor its affiliates, related companies, if any, or each of their respective directors, officers, employees, consultants and agents, will be liable for any defamatory, offensive, or illegal conduct of any user of the Website, including you.

Further, you will not use the Website to transmit or attempt to transmit any confidential or sensitive information, and FFAC, its affiliates and related companies, if any, and each of their respective directors, officers, employees, consultants and agents will not be responsible or liable in any way for the dissemination or delivery of any such confidential or sensitive information through the Website.

Risk of Loss
All items that you purchase through the Website will be delivered to you pursuant to a shipment contract. The risk of loss and title for all such items will pass to you upon delivery of the given items by FFAC to the carrier.

Product Descriptions
FFAC and its affiliates will attempt to be as accurate as possible when describing any items or services for sale through the Website. However, as stated above, FFAC does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If upon your receipt of a product offered by FFAC you find that it is not as described on the Website, your sole remedy is to return it in unused condition pursuant to FFAC's applicable Return Policy.

Pricing
Except where noted otherwise, the prices (the "List Price" displayed for products or services on the Website represent the full retail price listed on the product itself, suggested by the manufacturer, designer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items, if any, that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by a designer or other merchant, the List Price may be provided by that designer or merchant.

FFAC cannot confirm the price of an item until you order it; however, we will not charge your credit card (or otherwise attempt to process your credit card through third party processors) until after your order has entered the shipping process. Despite FFAC's best efforts, a small number of the items in its catalog may be mispriced. If an item's correct price is actually higher than its List Price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Privacy
FFAC takes privacy issues very seriously, and has adopted a Privacy Policy (the "Privacy Policy" which forms a part of these Terms of Use, and forms a part of your agreement with FFAC regarding your use of the Website. As a convenience, the Privacy Policy is available at another page at the Website, and you agree that you have reviewed, understood, and agreed to the Privacy Policy. FFAC may update and change the Privacy Policy from time to time at its sole discretion, and you will be bound by all such updates and changes as they come into effect.

Other Businesses
From time to time parties other than FFAC may operate stores, provide services, or sell products through the Website. In addition, FFAC may provide links (the "Third Party Links" to the sites of affiliated companies and certain other businesses or entities. FFAC is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites available through the Third Party Links. FFAC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use before using any websites available through the Third Party Links.

Miscellaneous Terms
No Partnership "The use of the term ˜affiliate' or ˜partner' in these terms of use or otherwise on the Website does not connote any legal partnership, and, unless otherwise set out in writing, FFAC is not a partner with any other person or entity, including (but not limited to) any designer, manufacturer, affiliate, or partner, listed or depicted on the Website.

Electronic Communication —When you visit the Website or send e-mails to FFAC, you are communicating with us electronically. You consent to receive communications from FFAC electronically, and where those communications have any contractual or legal significance you acknowledge that electronic communication is a valid and binding method of communication, and that FFAC is entitled to rely on all information provided by you, or purporting to be provided by you, by any electronic communication. FFAC will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, if any, that such communications be in writing.

Applicable Law —Exclusively, the laws of the province of British Columbia and the applicable laws of Canada shall govern any disputes arising hereunder therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of British Columbia and/or the Federal Court of Canada in British Columbia, or any other judicial district or jurisdiction as FFAC may determine in any and all actions, disputes, claims, or controversies relating hereto. You agree that all documents relating to these Terms of Use or relating otherwise to your agreement with FFAC be drawn up in English.

Sales Tax Exemption If you are a First Nations "Indian" within the meaning of Federal Canadian law, and, therefore, exempt from the obligation to pay certain taxes on purchased goods, simply mail or fax us a photocopy of your tax-exempt status card. FFAC will adjust your account settings to ensure that you are not charged sales tax on your purchases.