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I. SSENSE Terms and Conditions

 

Last updated: March 31, 2021

 

This SSENSE website and application (hereinafter the "Site") is published and operated by Atallah Group Inc. doing business as SSENSE (hereinafter referred to as "SSENSE", "we", " notre”, “our”), a Quebec company whose head office is located at 333, rue Chabanel Ouest, suite 900, Montreal, Quebec, H2N 2E7, and which is registered with registration number 1166897596 with the Registraire des entreprises du Québec.

 

Site hosting is provided by Amazon Web Services.

 

  1. Acceptance of Terms and Conditions.

1.1 Overview. The following terms (the “Terms”) govern all uses by users or visitors of: (i) SSENSE websites, except [https://www.ssense.com/fr -us] (subsequently the “Website”), or mobile application (hereinafter the “Application”); (ii) services or communications offered on or through the Website, App or otherwise provided by SSENSE, including relating to: (a) e-commerce; and (b) accessing or viewing material online, for example, editorial articles and newsletters; and (iii) any other communication with SSENSE whether online or offline, such as calls to the Customer Service team (collectively the “Services”), where permitted by law. The Services are owned and operated by SSENSE, and any reference to “Services” herein includes any part or component of the Services. Where permitted by law, please note that theReturns Policy , Payment Information , Price Protection and Promotions Policy , Product Information and Frequently Asked Questions , as amended from time to time, provide additional terms that apply to the purchase of products through the Services and which are incorporated into these Terms and Conditions by this reference. Where permitted by law, the Privacy Policy (including the Privacy Policy and Application Cookie Notice), as amended from time to time, is also incorporated herein by this reference. SSENSE provides the Services for your personal use. By using the Services, you agree to these Terms applicable between you and SSENSE.

 

1.2 Amendment. Where permitted by law, SSENSE reserves the right to modify or change these Terms and Conditions at any time (including any terms in policies, guidelines, rules or additional legal terms posted on the Site). Where required by law, we will notify you of any changes to these Terms of Service before they become effective. Please check this page regularly to ensure you are aware of the latest updates and changes. To find out the date of the last update of the General Conditions, we invite you to consult the “Last update” section at the top of these General Conditions. Except as expressly provided in these Terms and Conditions, any changes made will be effective immediately upon posting to the Site. Where permitted by law, your use of the Services following the posting of any changes constitutes your acceptance of those changes.

 

TERMS OF SERVICE

 

          2. Your Use of the Services.

2.1 The Services. You must use the Services, including all features associated with it, in accordance with (i) these Terms and Conditions; and (ii) all applicable laws and regulations; or any other restriction on the use of the Services or their content. You are solely responsible for your interactions with other users of the Services, where permitted by law. 

 

2.2 Modification/Suspension of Services. To the extent permitted by law, SSENSE reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) or your access to the Services for any reason whatsoever with or without instructions. To the extent permitted by law, you agree that SSENSE will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

 

     3. Registered Users.

You are not required to register on our Site to access the Services. However, certain sections and features of the Services are only accessible to visitors to the Services who have registered with a username and password (hereinafter "Registered Users"). Nevertheless, unregistered users can make purchases. You may not sell, transfer, assign, or license your account, credentials, or any rights in the account. You are only permitted to have one active Registered User account with the Services and you are the only person authorized to use your credentials to access the Services. To the extent permitted by law, 

As a Registered User, you must ensure the confidentiality of your password. SSENSE reserves the right to suspend or terminate your access to your account if SSENSE has reasonable grounds to believe that an unauthorized third party has access to your password or account. You must also promptly notify us if you become aware of any unauthorized use of your credentials or any other breach of security involving or relating to the Services by writing to us at customercare@ssense.com. Without prejudice to our rights, we may suspend or terminate your access to the Services if you do not comply with the provisions of this section. TO THE FULLEST EXTENT PERMITTED BY LAW,

 

     4. Trademark Information.

All names, images, designs, page headers, button icons, text, trademarks, trade dress, service names, service marks and logos used and displayed in connection with Services are trademarks of SSENSE or its licensors or suppliers (collectively, the "Trademarks" ). You may not use the Trademarks to discredit or disparage SSENSE, any SSENSE third party, or any third party product or service, or in any way (in SSENSE's sole discretion, where permitted by law) that could harm the Trademarks or cause confusion.

 

     5. Website Content. 

5.1 Ownership of Site Content. All material, including but not limited to information, data, software, text (including text contained in descriptions and articles), decorative elements, graphics, images, photographs, videos, video footage, logos, icons, Trademarks, and any other content ( collectively, "Content"), included in or transmitted through the Services or otherwise made available by SSENSE in framework of the Services (collectively referred to below as the "Site Content") are protected by copyright, trademark, service mark, trade secret or other intellectual property right or any other right and property law.

 

5.2 Your Use of Site Content. SSENSE grants you a limited, personal, nonexclusive, nontransferable, and revocable license, granting you the right to do only and strictly the following: view, reproduce, print, cache, store, and distribute Site Content through the through web browsers commonly used by customers. The foregoing license is granted to you conditioned on your compliance with these Terms and Conditions and that you do not remove or obscure any copyright notices or other notices displayed in the Site Content (nor allow any third party to TO DO). You may not reproduce, assign, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content extracted from such Services for any purpose not permitted by these Terms and Conditions or for any commercial purpose whatsoever without the prior written consent of SSENSE or the copyright owner identified in the relevant copyright notice. All rights not expressly granted herein are reserved.

 

     6. Assignment of Copyright and Transfer of User Content.

User hereby irrevocably and unconditionally assigns, transmits, surrenders and transfers to SSENSE (i) as User all of its Intellectual Property rights, titles and interest in and to the Posted Content, including any notices, comments or suggestions on products, photographs, illustrations, works, videos, communications and any other material uploaded by the user to the website (hereinafter the "User Content"); (ii) all rights to profits, priority rights, liens, causes of action, common law rights, moral rights and user's remedies related hereto throughout the world, including but not limited to all rights (A) to enforce and maintain all applications, registrations, renewals and extensions thereof, (B) to sue, bring claims, and obtain redress for past , present, or future infringements, misappropriations, and other violations of any intellectual property rights of any User Content , and (C) to market, exploit or grant licenses or any other interest in them. For the purposes of this assignment, the term "intellectual property" means all works of authorship, copyrights, moral rights, inventions, developments, concepts, improvements, designs, discoveries, know-how, ideas, computer software, trade secrets and compositions of matter (whether or not they may be protected under the law of trade secrets, patents and patent registrations, copyrights or other similar laws), rights of patent and any other intellectual property right anywhere in the world as well as all the notoriety associated with the foregoing or the sharing of the latter with other users. User represents and warrants that it owns all User Content it posts and (i) owns all rights necessary to post such User Content through our Services, including the right to assign the intellectual property rights in such User Content to SSENSE, and (ii) that all User Content it posts, discloses, displays or transmits to others through our Services complies with applicable law. You may, but are not obligated to, monitor or review any User Content (except as required by law). We reserve the right to remove any User Content for any reason, including User Content that, in our sole discretion, violates these Terms and Conditions. The user acknowledges that he is not entitled to any remuneration for the User Content. including User Content that, in our sole discretion, violates these Terms and Conditions. The user acknowledges that he is not entitled to any remuneration for the User Content. including User Content that, in our sole discretion, violates these Terms and Conditions. The user acknowledges that he is not entitled to any remuneration for the User Content. violates these Terms and Conditions. The user acknowledges that he is not entitled to any remuneration for the User Content. violates these Terms and Conditions. The user acknowledges that he is not entitled to any remuneration for the User Content.

 

     7. Third-Party Links.

The Services may contain hypertext links to sites, services or platforms owned or operated by third parties. These links are provided for your convenience only. Your use of third party links is subject to the terms of use and privacy policies applicable to those sites, services or platforms.

 

     8. Prohibited Behaviors.

Except as expressly permitted in these Terms and Conditions, you agree not to:

  • Use the Services to post, upload, share, transmit, distribute, facilitate distribution or otherwise make available any unlawful, infringing, harassing, defamatory, disparaging, threatening, intimidating, fraudulent, tortious, obscene or otherwise objectionable material of any kind, including unauthorized or unsolicited advertisements, or to collect the personal information of other users of the Services;
  • Impersonate any person or entity, including, but not limited to, any representative of SSENSE; falsely state or otherwise allege your affiliation with any person or entity, or expressly or impliedly state that SSENSE endorses any statement you make;
  • Distribute any viruses, worms, spyware, adware or other malicious computer code, files or programs that are harmful or invasive, or have the potential or intent to damage or hijack the operations of any hardware, software or equipment, or to monitor its activity, through or using the Services;
  • Engage in or utilize any data mining, robots, data scraping, or any similar data gathering or extraction methods, through the Services;
  • Interfere with or interfere with the operations of the Services or the use of the Services by others in any way (including, but not limited to by misappropriating or altering any part of the Services);
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Services, or reproduce, duplicate, license, copy, sell, resell, distribute, assign or otherwise exploit for any commercial purpose, any part or use Services, as well as their access;
  • Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;
  • Remove any copyright, trademark or other proprietary right notices from the Services or Site Content from the Services;
  • violate any applicable law or regulation;
  • Engage in any activity that could interfere with, impede, adversely affect or inhibit other users in their full use of the Services, or which could damage, disable, overburden, deteriorate or in any way impair the functionality of the Services or the network or systems computers from SSENSE; Gold
  • Assist, authorize, encourage any person to participate or participate yourself in any activity described above.

 

     9. Indemnity.

To the fullest extent permitted by law, you agree to indemnify and hold harmless SSENSE and its affiliates, licensors, officers, personnel, agents and representatives from any cost, loss, expense or damage of any kind either, including, but not limited to, attorneys' fees and court costs arising out of any third party claim, cause of action, demand or suit, related to or arising out of your use of the Services or breach of these Terms and Conditions. SSENSE reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this Section, and in such event, you agree to cooperate in responding to all reasonable demands in assisting SSENSE in its defense in relation to this matter.

 

     10. Termination. 

10.1 Termination of your use of the Services. SSENSE may terminate or suspend your use of our Services if you violate these Terms and Conditions or engage in any illegal or fraudulent use of the Services. Where permitted by law, you agree that any termination of your use of the Services may be effective without notice. You further agree, to the extent permitted by law, not to hold SSENSE or any third party liable for any termination of your use of or access to the Services. 

 

10.2. Application After Termination. The following provisions of these Terms and Conditions will survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 6 (User Content); Section 9 (Compensation); Section 11 (Disclaimers); Section 12 (Limitation of Liability for the Services); Section 17 (Limitation of Liability for Purchases); Section 13 (Waiver); and Section 19 (Governing Law and Jurisdiction.). Further, any other provision (or part-provision) of these Terms and Conditions which by its nature should survive termination of your right to use the Services will survive.

 

     11. Disclaimers.

11.1 Service Warranties. THE SERVICES AND ANY SITE CONTENT, OR ANY OTHER CONTENT, FEATURES OR FUNCTIONS ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. SSENSE MAKES NO WARRANTY, PROMISE OR REPRESENTATION THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SSENSE HEREBY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSLY GIVEN OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR USE. SSENSE MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR REQUIREMENTS; OR (III) ANY ERRORS IN OUR SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, SSENSE IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR THE CONTENT OF THE SITE, THE SERVICES, ANY USER'S ACTIONS OR FAILURE TO ACT, ARTICLES, BLOG ENTRIES, NEWSLETTERS OR OTHER. YOU ACKNOWLEDGE THAT SSENSE HAS NO CONTROL OVER THE AUTHORITY OR ACCURACY OF ANY USER CONTENT, AND MAKES NO WARRANTY AS TO ITS QUALITY OR LEGALITY, OR ANY USER'S ABILITY TO ACHIEVE OR COMPLETE A TRANSACTION. THE ABOVE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR REQUIREMENTS; OR (III) ANY ERRORS IN OUR SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, SSENSE IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR THE CONTENT OF THE SITE, THE SERVICES, ANY USER'S ACTIONS OR FAILURE TO ACT, ARTICLES, BLOG ENTRIES, NEWSLETTERS OR OTHER. YOU ACKNOWLEDGE THAT SSENSE HAS NO CONTROL OVER THE AUTHORITY OR ACCURACY OF ANY USER CONTENT, AND MAKES NO WARRANTY AS TO ITS QUALITY OR LEGALITY, OR ANY USER'S ABILITY TO ACHIEVE OR COMPLETE A TRANSACTION. THE ABOVE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR REQUIREMENTS; OR (III) ANY ERRORS IN OUR SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, SSENSE IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR THE CONTENT OF THE SITE, THE SERVICES, ANY USER'S ACTIONS OR FAILURE TO ACT, ARTICLES, BLOG ENTRIES, NEWSLETTERS OR OTHER. YOU ACKNOWLEDGE THAT SSENSE HAS NO CONTROL OVER THE AUTHORITY OR ACCURACY OF ANY USER CONTENT, AND MAKES NO WARRANTY AS TO ITS QUALITY OR LEGALITY, OR ANY USER'S ABILITY TO ACHIEVE OR COMPLETE A TRANSACTION. THE ABOVE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. OR (III) ANY ERRORS IN OUR SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, SSENSE IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR THE CONTENT OF THE SITE, THE SERVICES, ANY USER'S ACTIONS OR FAILURE TO ACT, ARTICLES, BLOG ENTRIES, NEWSLETTERS OR OTHER. YOU ACKNOWLEDGE THAT SSENSE HAS NO CONTROL OVER THE AUTHORITY OR ACCURACY OF ANY USER CONTENT, AND MAKES NO WARRANTY AS TO ITS QUALITY OR LEGALITY, OR ANY USER'S ABILITY TO ACHIEVE OR COMPLETE A TRANSACTION. THE ABOVE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. OR (III) ANY ERRORS IN OUR SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, SSENSE IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR THE CONTENT OF THE SITE, THE SERVICES, ANY USER'S ACTIONS OR FAILURE TO ACT, ARTICLES, BLOG ENTRIES, NEWSLETTERS OR OTHER. YOU ACKNOWLEDGE THAT SSENSE HAS NO CONTROL OVER THE AUTHORITY OR ACCURACY OF ANY USER CONTENT, AND MAKES NO WARRANTY AS TO ITS QUALITY OR LEGALITY, OR ANY USER'S ABILITY TO ACHIEVE OR COMPLETE A TRANSACTION. THE ABOVE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. BLOG ENTRIES, NEWSLETTER OR OTHER. YOU ACKNOWLEDGE THAT SSENSE HAS NO CONTROL OVER THE AUTHORITY OR ACCURACY OF ANY USER CONTENT, AND MAKES NO WARRANTY AS TO ITS QUALITY OR LEGALITY, OR ANY USER'S ABILITY TO ACHIEVE OR COMPLETE A TRANSACTION. THE ABOVE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. BLOG ENTRIES, NEWSLETTER OR OTHER. YOU ACKNOWLEDGE THAT SSENSE HAS NO CONTROL OVER THE AUTHORITY OR ACCURACY OF ANY USER CONTENT, AND MAKES NO WARRANTY AS TO ITS QUALITY OR LEGALITY, OR ANY USER'S ABILITY TO ACHIEVE OR COMPLETE A TRANSACTION. THE ABOVE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

 

11.2 Publications. The views expressed in our published works are those of the author(s) and do not reflect the views of Atallah Group Inc. (referred to as SSENSE) and its affiliates. They do not constitute a legal interpretation or a statement of any SSENSE policies, as applicable. To the extent permitted by law, neither SSENSE nor the authors warrant the accuracy or completeness of any information contained in any posting, and neither SSENSE nor the authors shall be liable for any errors, omissions, or claims damages, including exemplary damages, for the content, accuracy or sufficiency of information contained in any posting. It is forbidden to reproduce, save in a retrieval system or transmit any part of the Published Works in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without written permission from SSENSE or the publisher. All rights reserved.  

 

The Site's editorial management can be contacted at the following email address: editorial@ssense.com.

 

     12. Limitation of Liability for the SERVICES.

TO THE EXTENT PERMITTED BY LAW, SSENSE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THE THESE TERMS AND CONDITIONS, FOR: (I ) ANY INDIRECT, RELATED, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, USE, DATA OR OTHER CONSEQUENTIAL LOSSES (EVEN IF SSENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ); OR (II) ANY MATTER BEYOND SSENSE'S REASONABLE CONTROL. WITH REGARD TO USER CONTENT OR STATEMENTS, SSENSE SHALL NOT BE LIABLE FOR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. FURTHERMORE, AND TO THE EXTENT PERMITTED BY LAW, SSENSE IS NOT AFFILIATED WITH ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH ANY SUCH PROVIDER; SSENSE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH THIRD PARTY SERVICE PROVIDER AND HEREBY DISCLAIMS ALL LIABILITY ARISING THEREOF. THE ABOVE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

 

     13. Waiver

TO THE EXTENT PERMITTED BY LAW, SSENSE AND ITS AFFILIATES, BRANCHES, DIVISIONS, PARENT AND ASSOCIATED COMPANIES (COLLECTIVELY HEREINAFTER REFERRED TO AS THE “RELEASEES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, FAILURES, DELAY IN PERFORMANCE OR OR ANY COMPUTER VIRUS OR TRANSMISSION LINE FAILURE. TO THE EXTENT PERMITTED BY LAW, THE RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, RELATED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF WE OR SUCH RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.

PURCHASE CONDITIONS

     14. Purchases

14.1 Inventory. All orders are subject to quantities in stock and, in this respect, in the event of supply difficulties or due to a lack of stock of the products, we reserve the right to refund to you any sum of money which you would have paid.

 

14.2 Payment. The price of the products corresponds to that indicated on our Site or Application, except in the event of an error. If we discover an error in the price of any product you have ordered, we reserve the right to cancel the order and you will receive a full refund. The total cost of an order is the price of the product(s) ordered, plus delivery charges and sales tax (if applicable). Prices may change at any time and are calculated based on where you are shopping from. All prices are in the currency indicated at the time of payment. 

 

14.3 Shipping. After placing your order, you will receive a confirmation email at the address on file. This email will act as an invoice and will include your order number. A standard processing time of up to two (2) business days is observed before your order is shipped. Orders placed after 11:00 am (Eastern Time) may be processed the next business day, and orders placed on weekends and holidays will be processed the next business day beginning at 8:00 am (Eastern Time). East). In high season, it is possible that the processing time exceeds two (2) working days. After your order has been dispatched, you will receive information by e-mail enabling you to follow the stages of delivery.

 

     15. Returns.

All returned products are subject to SSENSE's Return Policy, accessible here .

 

     16. Product Warranty and Disclaimer of Returns.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS. ACCORDINGLY, SOME OR ALL OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. CERTAIN PRODUCTS SOLD OR DISTRIBUTED BY SSENSE MAY INCLUDE WARRANTIES. THESE WARRANTIES ARE PROVIDED BY THE MANUFACTURER OF SUCH PRODUCTS AND NOT BY SSENSE OR ITS AFFILIATES, OR THEIR RESPECTIVE MANAGEMENT, PERSONNEL OR AGENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SSENSE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSLY GIVEN OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

 

     17. Limitation of Liability for Purchases

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS EXCLUSION AND LIMITATION OF LIABILITY APPLY TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SSENSE OR ITS AFFILIATES OR THEIR RESPECTIVE MANAGEMENT, PERSONNEL OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, RELATIVE, CONSEQUENTIAL, ANY OBLIGATION TO PROPERLY TEST OR INSPECT SUCH PRODUCT, OR ANY FAILURE TO WARN ABOUT SAFETY HAZARDS RELATING TO SUCH PRODUCT), CIVIL LIABILITY, STRICT LIABILITY, BREACH OF ANY LAW ( INCLUDING, BUT NOT LIMITED TO, CANADIAN LAWS RELATING TO THE SALE OF GOODS), OR OTHERWISE. SUCH DAMAGES INCLUDE BUT ARE NOT LIMITED TO LOSS ARISING FROM DEATH OR PERSONAL INJURY(S), LOSS OF PROPERTY, LOSS OF REVENUE, LOSS OF EXPECTED PROFITS AND LOSS OF BUSINESS OPPORTUNITIES , DATA OR SALES, EVEN IF SSENSE OR ITS AFFILIATES, OR THEIR RESPECTIVE MANAGEMENT, PERSONNEL OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES,

    18. Minors

18.1 Authorization. You confirm that you have reached the age of majority in your jurisdiction. If you are under the age of majority in the jurisdiction where you reside, you should not use the Services, register on this Site or provide any data without the permission of a parent or guardian. 

 

18.2 Supervision. To the extent permitted by law, if you are the parent or guardian of a minor, please supervise your child's use of our Website Services. It is the responsibility of parents and guardians, and not that of SSENSE, to determine whether or not any part of this Site or any site linked to this Site is appropriate for their child(ren).

 

18.3 Right to Cancel. If you are under the age of majority in your jurisdiction and have agreed to these Terms and Conditions without your parent or legal guardian's permission, you or your parent or legal guardian may revoke your acceptance of these Terms and Conditions. 

 

     19. Governing Law and Jurisdiction.

19.1 Governing Law. To the extent permitted by law, these Terms of Service are governed by the laws of Quebec, and the courts of Montreal, Quebec shall have exclusive jurisdiction in any dispute.

 

19.2 Severability. To the extent permitted by law, where any particular clause of these Terms and Conditions is declared void, such clause shall be deemed unwritten. However, to the extent permitted by law, this will not invalidate a user's successful registration, the entire Terms and Conditions, or any other terms accepted by Customer. 

 

     20. Contact Information
If you have any questions regarding these Terms and Conditions or if you have any technical questions regarding the operation of the Services, please contact us at customercare@ssense.com. Please do not include confidential information in your correspondence, as emails are not encrypted.

 

 

II. SSENSE+ Terms and Conditions

 

Last updated: October 27, 2022

 

Registration and Eligibility 

The SSENSE+ program (subsequent referred to as “SSENSE+” or the “Program”) is a program that Atallah Group Inc. d/b/a SSENSE (subsequent referred to as “SSENSE”) makes available to its members free of charge. By creating an account on SSENSE, you automatically agree to participate in the SSENSE+ program and to be bound by the SSENSE Terms and Privacy Policy. (If you live in Canada, click on: https://www.ssense.com/en-ca/conditions and https://www.ssense.com/en-ca/privacy-policy ; if you live in the United States, click on: https://www.ssense.com/fr-us/conditions and
https://www.ssense.com/fr-us/politique-de-confidentialite ; if you live in Europe, click on: https://www.ssense.com/fr-fr/conditions and
https://www.ssense.com/fr-fr/privacy-policy ; if you live in Japan, click on: https://www.ssense.com/fr-jp/conditions and https://www.ssense.com/fr-jp/politique-de-confidentialite ; if you live in another region of the world, click on: https://www.ssense.com/en-ca/conditions and https://www.ssense.com/en-ca/privacy-policy ). 

As an SSENSE+ member, you will be able to earn points by purchasing select qualifying items during the Loyalty Year (defined below). Depending on the number of points accumulated over a given year, you will be able to access different levels of service. 

Registration for SSENSE+ is for individuals only and limited to one account per person. As an SSENSE+ member, you will be eligible to receive points for purchases made on the SSENSE website, SSENSE app, or the SSENSE Montreal store, as well as for orders placed over the phone. SSENSE+ services will be unlocked based on the number of points you have (as defined below). To be eligible, you must be over the age of majority in the jurisdiction where you live or obtain consent from your parent or legal guardian to create an SSENSE account. By using SSENSE+, minors confirm that they have obtained this consent. SSENSE+ may not be used for professional or commercial purposes, and we reserve the right to refuse to create an account for any reason. SSENSE employees, business partners, and vendors, and anyone employed by our business partners or vendors, 

You are solely responsible for maintaining the accuracy of your account information and for updating it if necessary. You can update your confidential information on our website. 

 

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE SSENSE+ PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU (IF YOU ARE A MINOR, YOUR PARENT AGREES OR YOUR LEGAL GUARDIAN AGREES) AGREE TO BE BOUND BY THE SSENSE+ PROGRAM TERMS DESCRIBED HEREIN, BY ALL TERMS INCORPORATED BY REFERENCE AND BY ANY CHANGES OR MODIFICATIONS WE MAY MAKE TO THE SSENSE+ TERMS, WHICH MAY VARY AT ANY TIME IN OUR SOLE DISCRETION. 

 

Points 

For your purchase to be eligible for the SSENSE+ points scheme (hereafter referred to as "Points"), you must have created an account with your email address and logged in to your SSENSE account prior to purchase for orders made on the SSENSE website or app . You must be able to provide your account information when making purchases directly in store or over the phone. 

Points are awarded after each qualifying purchase (hereinafter referred to as “Qualifying Purchase”) made. Your purchase will become a Qualifying Purchase when the contents of your order are shipped to an address in Canada (subsequently referred to as “Qualifying Territory”). 

Qualifying Purchases include sale items and regular priced items. Applicable taxes, shipping and delivery charges and/or other excluded charges that we may specify from time to time are excluded from the calculation of Points. Returned and/or canceled orders do not earn Points. Points credited to your Program account will be reduced or voided, as applicable, if all or part of the purchase is returned or voided, or if Points are obtained through fraudulent or other activity that violates the SSENSE+ Terms and Conditions. Points are awarded 35 days after the date of purchase. 

 

Points are awarded according to the following conversion table: 

Currency  SSENSE+ Item
CAD 1 1 Dot
$1 1 Dot
£1 1.5 Points
€1 1 Dot
100 JPY  1 Dot
$1 1 Dot
HKD10 1.5 Points
1000 KRW 1 Dot

 

For example, if you spend 1000 CAD in Canada (excluding taxes and other fees), you will receive 1000 Points and you will automatically qualify for Tier 1, provided your Eligible Purchases have not been returned or canceled during the period. 35 day waiting period.

Points conversion rates are based on the conversion rate between the shipping country's currency and the US dollar. Conversion rates may be changed at any time at our sole discretion.

Points are cumulative during the Loyalty Year. They will reset at the start of each Loyalty Year and expire at the start of each subsequent Loyalty Year. A member's Loyalty Year remains the same throughout their participation in the Program. Once you unlock a Level, you will retain your status until the end of the current Loyalty Year and for the next Loyalty Year. If, at the end of the following Loyalty Year, you have not accumulated enough Points to maintain your Level, the status of this Level will be reassessed. We may occasionally offer bonus points. Different terms and conditions will apply to each bonus points offer. 

The sale, barter, transfer or assignment of any benefit offered by SSENSE+, by anyone other than us, is expressly prohibited. 

In addition, Points will automatically expire if your participation is revoked, either by you or by SSENSE. 

If you have any questions regarding your Points or your Points have expired in error, please contact our customer service department , who will be happy to assist you. 

 

SSENSE+ Services 

General information 

Points are earned through Qualifying Purchases (as defined herein). Your tier (hereafter referred to as “Tier”) is determined by the number of orders shipped to you over 12 months beginning 35 days after your first order placed through SSENSE+ (hereafter referred to as “Loyalty Year”) ).  

For example, if you make your first purchase at SSENSE on October 1, 2022, your Loyalty Year will begin on May 5, 2022 and end on November 4, 2023.

There are four SSENSE+ Program Membership Levels, associated with their respective services (hereafter referred to as “SSENSE+ Services”): 

  • The first Level, from 1,000 Points (hereinafter referred to as "Level 1") 
  • The second Level, from 2,000 Points (hereinafter referred to as "Level 2") 
  • The third Level, from 5,000 Points (hereinafter referred to as "Level 3") 
  • The last Level consists of a personal shopping service, by invitation only (hereinafter referred to as "Personal Shopping").

The SSENSE+ Services are offered only in the Eligible Territory, except for the Personal Shopping Service, which is offered worldwide, by invitation only. These services may vary by Tier, as SSENSE may determine in its sole discretion. The type, timing and availability of SSENSE+ Services will be determined by SSENSE in its sole discretion. Subject to the foregoing, you may use any or all of the SSENSE+ Services associated with your Tier at any time and as often as you wish, subject to certain services which are only offered for a specific period of time due to their nature. temporary, such as exclusive SSENSE+ content, private sales, VIP private sales, and other promotional offers. You are not required to use the SSENSE+ Services. 

SSENSE+ Services and Points awarded by SSENSE+ have no monetary value and may not be transferred, exchanged, shared or combined, and you have no right of ownership in such Points and SSENSE+ Services. You may not sell or resell the Services and SSENSE+ Points you receive from SSENSE. Points cannot be used as a means of payment. 

The SSENSE+ Services are for personal use only. SSENSE reserves the right to remove all competitors, collaborators, affiliates, abusers, and commercial users from SSENSE+.

SSENSE+ Services cannot be applied to legacy orders. 

SSENSE is not responsible for Points lost due to fraudulent activity by you or any third party.

SSENSE may, in its sole discretion, revise, limit, or modify the Tier rules, rules, SSENSE+ Services, program eligibility, or other features of a particular Tier, or may terminate a particular Tier at any time in its sole discretion, without notice , except as expressly provided in the terms and conditions established by SSENSE+ or required by applicable law.

 

Level 1 

Level 1 is granted to any eligible person who receives a minimum of 1,000 Points during the Loyalty Year. By access Level 1:  

  • You'll get guaranteed access to the Private Sale selection and early access to SSENSE sales.
  • You'll get access to promotional offers reserved exclusively for SSENSE+ members. 
  • You'll get priority notification of new product launches and updates to your SSENSE+ status.

 

Level 2

Level 2 is granted to any eligible person who receives a minimum of 2,000 Points during the Loyalty Year. By accessing Level 2, you will not only benefit from the SSENSE+ Services offered at Level 1, but also the following:  

  • Access to the Private Sale selection before Level 1 members. 
  • Priority processing of requests sent by email to the customer service team. 

 

Level 3

Level 3 is granted to any eligible person who receives a minimum of 5,000 Points during the Loyalty Year. By accessing Level 3, you will not only benefit from the SSENSE+ Services offered at Level 1 and Level 2, but also the following: 

  • Access to the VIP Private Sale, reserved for invaluable SSENSE+ members: enjoy a huge choice of items and an exclusive selection of brands.
  • Free priority shipping on all orders, with no minimum purchase requirements or additional fees.
  • Orders processed in priority. 
  • Access to exclusive SSENSE+ content.

 

Personal Shopping 

The Personal Shopping service is offered by invitation only, regardless of the number of Points received. Personal Shopping services can only be used for purchases made online (whether on the SSENSE website or app). By receiving an invitation to the Personal Shopping Level: 

  • You will be accompanied by a professional stylist, who will guide you through a wide selection of brands, facilitating all aspects of your shopping experience.
  • You'll get privileged access to products, limited collections, private events and more.
  • Eligible members will have access to personalized services, including:  
    • Exclusive discounts on non-sale items (hereinafter referred to as "Discounts"). Discounts apply to the price excluding tax of the non-sale item. Discounts do not apply to items already on sale and cannot be combined with other applicable discounts, discount offers, coupons or promotional codes. Certain brands are excluded from Discounts (such as Gucci, Mad Paris, Essentials and other highly anticipated releases). Discounts can be applied on a maximum of two items per category during the Loyalty Year, with the exception of lingerie, underwear, socks and scarves which are not subject to any quantitative restrictions. Discounts can be applied to a maximum of two personal or home care products per month. 
    • Free express shipping, if available in your area. 
    • Free returns and pickups, if available in your area.

To take advantage of Personal Shopping services, you will need to contact your personal stylist. 

 

Loyalty page

Your Loyalty Page collects all information related to SSENSE+. In particular, you will be able to consult your Points, your Level and the associated SSENSE+ Services. You can access your Loyalty Page by logging into your SSENSE account. You can use the SSENSE+ Services by logging into your SSENSE account.

 

Communications with SSENSE

By signing up for newsletters, you automatically receive SSENSE+-related emails, including promotional and informative emails about SSENSE products, your SSENSE+ account, SSENSE+ Services and Points, offers from our partners, and more. 

You may unsubscribe from SSENSE's promotional email mailing list at any time by following the instructions provided at the bottom of the newsletters or as specified in SSENSE's Privacy Policy. (Available to Canadian members at: https://www.ssense.com/en-ca/privacy-policy ; if you live in the United States, click: https://www.ssense .com/en-us/privacy -policy ; if you live in Japan, click on: https://www.ssense.com/fr-jp/privacy-policy ; if you live in Europe, click on: https://www.ssense.com/fr -en/privacy-policy ; and if you live in another region of the world, click on: https://www.ssense.com/en-ca/privacy-policy). However, you will continue to receive emails related to your orders, such as order and shipping confirmations as well as emails from our customer service team.

 

Unsubscribe from SSENSE+

You can unsubscribe from SSENSE+ at any time by contacting our customer service . You hereby acknowledge that your Tier status and Points will expire.  

If you change your mind, you can always re-enroll in SSENSE+ by contacting our customer service. However, you will not be able to revert to your old Level or recover your expired Points.

 

Changes, Cancellation, and Withdrawal from SSENSE+

Except where prohibited by law, we may, in our sole discretion, cancel, modify, restrict or terminate the SSENSE+ Terms, and/or any aspect or feature of SSENSE+, at any time without notice. YOUR CONTINUED PARTICIPATION IN SSENSE+ AFTER SUCH CHANGES MEANS ACCEPTANCE OF THESE CHANGES.

Any suspected abuse of SSENSE+, manipulation or abuse of SSENSE+ or the SSENSE+ Terms, breach of these Terms, illegal activity, fraud, misrepresentation, or any other conduct inconsistent with the SSENSE+ Terms and/or harmful to the business or its interests, including but not limited to any suspected illegal, fraudulent or unauthorized use of Points and/or SSENSE+ Services, may result in your participation being revoked. to SSENSE+ or the deduction of your Points, and may disqualify you from further participation in the Program. 

If your participation is revoked, all points in your account will automatically expire; your access to the SSENSE+ Services and your SSENSE+ Level will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse, or violation of the SSENSE+ Terms, we reserve the right to take any necessary legal action, in our sole discretion.

 

Disclaimer of Warranty; Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, WARRANTY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, ONE OR MORE OF THE EXCLUSION(S) OR LIMITATION(S) BELOW MAY NOT APPLY.

NEITHER SSENSE NOR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SSENSE+ OR THE PROGRAM OR ANY SERVICE SSENSE+ ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT SUCH REPRESENTATIONS AND WARRANTIES CANNOT BE LAWFULLY EXCLUDED .

YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SSENSE NOR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT [INCLUDING THE NEGLIGENCE] OR OTHERWISE) UNDER ANY CIRCUMSTANCE FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAY OR INTERRUPTION OF ACCESS TO THE PROGRAM; (c) NON-DELIVERY, LOSS, THEFT, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA; (d) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH THIRD PARTIES OR THE PRESENCE OF THIRD PARTY LINKS ON THE SSENSE WEBSITE OR THE USE OF ANY PROGRAM REWARDS OR BENEFITS; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SSENSE WEBSITE, INCLUDING FROM OR TO THIRD-PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN THE PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED.

ARISING OUT OF THE PROGRAM OR YOUR PARTICIPATION IN IT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00). IN THE EVENT OF A DISPUTE BETWEEN SSENSE AND YOU, OR YOUR DISSATISFACTION WITH THE PROGRAM, TERMINATION OF YOUR PARTICIPATION IS THE ONLY REMEDY AVAILABLE TO YOU.

 

Compensation 

You agree to defend, indemnify and hold harmless SSENSE and its parent companies, affiliates, partners, licensors, directors, officers, employees and agents from any loss, damage or cost, including reasonable attorneys' fees, arising from complaints, actions or demands arising out of your participation in SSENSE+ or breach of any provision established by SSENSE+.

 

Severability 

To the extent permitted by law, where a particular term of the SSENSE+ Terms is declared void, that term will be deemed unwritten. However, to the extent permitted by law, this will not invalidate a user's registration, the entire Terms, or any other SSENSE terms and conditions that you have accepted. 

 

intellectual property

You acknowledge that all material, including but not limited to information, concepts, data, software, text, graphics, images, photographs, videos, clips, logos, icons, trademarks, and other content (collectively, "Content"), contained in or transmitted by the Program or otherwise made available by SSENSE as part of SSENSE+ is copyrighted , trademarks, service marks, trade secrets, or other intellectual property or other proprietary rights and laws. SSENSE may own the Site Content or portions of the Site Content may be made available to SSENSE through arrangements with third parties.

Unless otherwise specified, you may view, electronically copy, and print hard copy portions of the Program Material for the sole purpose of accessing SSENSE+ for personal use. You may not reproduce, assign, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content extracted from such Services for any purpose other than not authorized by SSENSE+ or for any commercial purpose anyone without the prior written consent of SSENSE or the copyright owner identified in the relevant copyright notice. All rights not expressly granted herein are reserved.

 

Applicable law and disputes

To the extent permitted by law, the SSENSE+ Terms and Conditions shall be governed by the laws of Quebec, and the courts of Montreal, Quebec shall have exclusive jurisdiction in any dispute. The original version of these SSENSE+ Terms and Conditions was drafted in English and translated into other languages. To the extent permitted by law, the translated version is offered free of charge and no rights can be derived therefrom. In the event of a dispute regarding the content or interpretation of the SSENSE+ Terms and Conditions or any inconsistency or discrepancy between the English version and any other translated version of these Terms and Conditions, the English version shall apply, prevail and be conclusive to the extent permitted by law.

 

Privacy 

Confidential information collected about you through SSENSE+, including but not limited to purchases made through the Program, will be used and disclosed by us in accordance with our Privacy Policy (if you reside in Canada , click on: https://www.ssense  . com/en-ca/privacy-policy ; if you live in the United States, click on: https://www.ssense.com/en-us/policy -of-privacy ; if you live in Europe, click on: https://www.ssense.com/en-gb/policy-of-privacy ; if you live in Japan, click on: https://www.ssense .com/fr-jp/politique-de-confidentialite and if you live in another region of the world, click on: https://www.ssense.com/en-ca/privacy-policy ).

 

Contact us

For more information regarding the Program, please contact our customer service department . We are not responsible for applications or documents sent by mail or over the Internet that are lost or delayed.