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Thanks for visiting The Wild North Inc. website. This document sets forth the terms and conditions that apply to your use of the site.

Terms of Use and Agreement

Please read the following terms of use (“Terms”) carefully before using The Wild North website. The Wild North business (“The Wild North”) and the web pages available at www.thewildnorthapparel.com operated by The Wild North Inc., a Canadian corporation. These pages and all linked pages together form the “Site”. These Terms apply to any use of the Site and/or Services (as defined below).

The Site provides an online retail store operated by The Wild North on the World Wide Web of the Internet (the “Web”), offering winter outerwear and accessories with a luxurious and modern edge.

By accessing the Site, viewing content contained on the Site (“Content”), using any Services (as defined below) available on the Site or by using any Site applications (including mobile and desktop applications), you agree to be bound by these Terms, which, together with our Privacy Policy, govern the relationship between you and The Wild North (“We” or “Us”) in relation to the Site (“Agreement”). These Terms affect your legal rights and obligations. If you do not agree to the Terms, please do not use the Site.

“Services” include, but are not limited to, any service we make available to or perform for you related to provision of the Goods. By using or accessing the Site and/or Services, whether manually or by automated means, you agree to these The Wild North Terms. If you have any questions or concerns, please do not hesitate to contact us.

Changes to this Agreement

We may revise these Terms, including fees policy, from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you and confirm your acceptance of the new terms. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.

Rules for Purchases

With respect to any purchase made on or through the Site and/or Services, you agree that: (i) you will not use an invalid or unauthorised credit or debit card or other payment method; (ii) you are solely responsible for identifying and selecting the product you wish to purchase; (iii) your payment will be charged to the credit or debit card or other payment method you use through PayPal or Authorized.net; and (iv) your purchase is subject to The Wild North’s return and exchange policy, which can be viewed here.

The Wild North reserves the right to reject, in its full discretion, any and all orders or purchases made on the Site.

Shipping and Delivery Fees; Taxes.

You will be responsible for paying any shipping and/or handling charges that apply to purchases that you make on The Wild North (“Shipping Fees”). Any and all applicable Shipping Fees will be stipulated to the user at the time of purchase.

You will also be responsible for paying any duty, taxes, or brokerage fees applicable to the purchases that you make on The Wild North (“taxes”). Any and all applicable Taxes will be stipulated to the user at the time of purchase.

Payment Gateway.

The Wild North.com uses Paypal.com (“PayPal”) and Authorized.net (“Authorized”) for all payment processing. PayPal and Authorized’s applicable fees are included in the purchase price you pay to The Wild North.

Intellectual Property Rights

Unless you are advised otherwise, everything you see or read on the Site and/or Services is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to The Wild North. Content may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of The Wild North.

Images displayed on the Site and/or Services are either the property of, or used with permission by, The Wild North. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of such images or other Content may violate the law.

The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. The Wild North reserves the right to enforce its intellectual property rights where applicable.

Intellectual Property Complaints

The Wild North will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Site.

Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.

Email: info@thewildnorthapparel.com

General Use and Site License

The Site and Services are designed for use by only those individuals who are at least 13 years of age. If you are not 18 years of age or older, please do not use the Site and Services without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorised a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor.

You are solely responsible for your interactions with other users of the Site and Services. We reserve the right, but are under no obligation, to monitor disputes between you and other users

You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of this Site.

Accurate Information; Registration and Passwords; URLs

In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or The Wild North has reasonable grounds to suspect that such information is inaccurate, The Wild North may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.

To access certain parts of the Site or Services, you may be required to open an online account with The Wild North, in which case you will have to create a username and password and to provide registration information, including a valid e-mail address, name, phone number and address.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your The Wild North account.

If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.

If you are under 18 years old then you must obtain the permission of your parent or legal guardian prior to registering an account. Your parent or legal guardian will then be responsible for your online conduct, and the consequences of any misuse of the Site.

Prohibited Uses

As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by The Wild North. By way of example, and not as a limitation, you agree not to use the Site and/or Services:

  1. In any way that is false, inaccurate or misleading;
  2. In any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
  3. to collect and use product listings, descriptions or images;
  4. to abuse, harass, threaten, impersonate or intimidate any person;
  5. to post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
  6. for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction in which you use the Services;
  7. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any The Wild North Site user;
  8. to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
  9. to create or transmit unwanted ‘spam’ to any person or any URL;
  10. to violate or attempt to violate the security of the Site and/or Services;
  11. to post copyrighted Content which doesn’t belong to you, with the exception of blog content, in which case you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
  12. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  13. to promote or sell Content of the Site;
  14. to sell any products other than those which can reasonably be described as food and food-related products;
  15. to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with The Wild North;
  16. to interfere with or attempt to interfere with the proper working of the Site and/or Services;
  17. to sell or otherwise transfer your profile;
  18. to attempt to restrict another user from using or enjoying the Site and/or Services or to encourage or facilitate violations of these Terms of Use or the Privacy Policy;
  19. to interfere in any way with the business of any other user of the Site; or
  20. in any other way that violates these Terms.

The Wild North shall have the right, but no obligation, to monitor the content on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish. The Wild North shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted to the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content (as defined below). The Wild North neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by The Wild North, our employees, or a third party.

Under no circumstances will The Wild North be liable for any loss or damage of any kind caused by reliance on information obtained through the Site or Services. The Wild North is not responsible for any offensive, defamatory, obscene or other posting made through the Site and/or Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in The Wild North's sole discretion is inappropriate, objectionable or in violation of these Terms.

Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email to info@thewildnorthapparel. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.

Neither The Wild North nor any third party content provider shall assume or have any liability for any action or inaction by The Wild North or any third party content provider with respect to any conduct, communication or posting on the Site and/or Services.

Ownership of User Generated Content

You retain ownership of any content you submit to the Site or through the Services (“User Generated Content”). However, by submitting your User Generated Content to The Wild North, you hereby grant The Wild North the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licences:

  • to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode your User Generated Content to appropriate media formats, standards or mediums as part of the services The Wild North provides;
  • to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display your User Generated Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
  • to use your User Generated Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.

By submitting User Generated Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive licence to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for users to send and distribute your User Generated Content; and (iv) the non-exclusive licence to users to use, reproduce, distribute, remix, prepare derivative works and compilations of, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under these Terms. Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or copies made by third parties prior to deletion.

Termination

The Wild North may terminate or suspend any and all Services and/or your The Wild North user account immediately, without prior notice or liability, including without limitation if you breach the Terms. Upon termination of your account, your licence will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your The Wild North account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

For greater certainty, any obligation on your part to pay a fee to The Wild North pursuant to these Terms or any other agreement between you and The Wild North shall survive termination or suspension, whether by you or The Wild North. Any fee so payable will remain payable and your failure to pay such fee within a reasonable time shall be deemed to constitute a breach of your agreement with The Wild North and may result in legal action.

Furthermore, your failure to pay any such fee shall be a ground for termination of your account.

Content that you have shared with others on the Site and/or Services may still be available after the termination of your account. It is your responsibility to remove your User Generated Content from your account prior to termination. Upon termination of your account The Wild North may remove all Content posted to your account.

Links

The Site and/or Services may provide, or third parties may provide, links to other World Wide Websites or resources. Because The Wild North has no control over such sites and resources, you acknowledge and agree that The Wild North is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Wild North shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.

Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy (for more information, see http://www.thewildnorthapparel.com/privacy). You understand that through your use of the Services you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy and in order to provide the Goods and Services to you.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge The Wild North, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services, including by the purchase and consumption of baked and other foods and food-related products.

For greater certainty, everyone who offers baked or other goods for sale through The Wild North represents and warrants to The Wild North that it is and will remain at all times in compliance with all laws, including federal and provincial legislation, regulations made pursuant to such legislation, municipal by-laws and regulations and the common law of the jurisdiction, applicable to it in the jurisdiction in which it resides in respect of, among other things, the production and labelling of its products and all relevant health and safety considerations.

In no event shall The Wild North be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site, the Services or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) one hundred Canadian dollars (CDN$100).

Disclaimer of Warranties

THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY THE WILD NORTH ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WILD NORTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WILD NORTH DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, THE WILD NORTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE WILD NORTH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.

BY USING THE WILD NORTH SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. THE WILD NORTH DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF THE WILD NORTH ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, THE WILD NORTH DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND THE WILD NORTH, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

The Security of the Site

The Wild North maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Site, The Wild North may make use of firewall barriers, encryption techniques and/or authentication procedures. 

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while The Wild North strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, The Wild North will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.

Electronic Communications

When you visit the Site, use the Services or send emails to The Wild North, you are communicating with us electronically. You consent to receive communications from The Wild North electronically. The Wild North may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that The Wild North provides to you electronically satisfy any legal requirement that such communications be in writing.

Site is for Use in Canada

The Site and Services are intended for users located in Canada. If you are a non-Canadian user of Site, by visiting the Site, using the Services and/or providing The Wild North with any User Generated Content specifically or Content generally, you agree to comply with all federal and provincial Canadian laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from Canada or the country in which you reside.

Conflict with Other Agreements

These Terms are in addition to, and do not nullify, any other agreement between you and The Wild North or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and The Wild North, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you use PayPal or Authorized in order to make a payment, your use of that service is governed by their respective user agreements. PayPal’s user agreement can be viewed here. Authorized’s user agreement can be viewed here.

Resolution of Disputes

If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.

If a dispute arises out of, or in connection with this Contract, and the parties do not resolve some or all of the dispute through negotiation, then the parties agree to refer the issue(s) in dispute to mediation pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. The place of mediation shall be Toronto, Ontario. The language of the mediation shall be English.

Remedy

You agree that if you are dissatisfied with the Site or any Services offered in connection with the Site, if you do not agree with any part of these Terms, or if you have any other dispute or claim with or against The Wild North concerning your use of the Site or access to the Services or otherwise to do with these Terms, your sole and exclusive remedy is to discontinue using the Site and any Services offered in connection with the Site.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind The Wild North in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Wild North shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond The Wild North’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Wild North may transfer, assign or delegate the Terms and its rights and obligations without consent.

Survival

Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.

Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.

Governing Law and Language

These Terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario.