top of page

TERMS OF USE

OUR TERMS OF USE AT A GLANCE:

 

WARNING: THE ENGLISH VERSION OF THIS TERMS OF USE AGREEMENT IS FOR INFORMATIONAL PURPOSES. SHOULD ANY CONTRADICTION ARISE BETWEEN THE ENGLISH VERSION AND THE FRENCH VERSION, THE LATTER VERSION SHALL ALWAYS PREVAIL.

 

The terms and conditions set forth hereunder (hereinafter referred to as the "Terms of Use" or "TOU"") shall govern the use of each webpage found under the domain names "www.thenorthyorkcompany.com", “www.northyorkcompany.com” and “www.thenorthyork.com”, its respective sub-domains and sub-directories (hereinafter referred to as the "website"), property of The Nork York Company, a commercial company registered in North York, Ontario, Canada.

 

Access to the website and use of its content and services implies full and unreserved adherence to the Terms of Use set forth in the version published at the time the user accesses the website. The latest version of the Terms of Use may be viewed whenever desired at www.thenorthyorkcompany.com, www.northyorkcompany.com or www.thenorthyork.com. If a user decides not to accept the Terms of Use, he or she must not access the website and not view the content or use the services available therein.

 

TERMS OF USE

 

1. PURPOSE OF THE TERMS OF SERVICE

 

The purpose of the Terms of Use set forth herein is that of governing access to and using the website. For the purposes of the Terms of Use set forth herein, website shall be understood to mean:

 

  • The digital appearance (or "look and feel") of the screen view and the website’s navigation, both static and dynamic.

 

  • The elements composing both the screen view and the website’s navigation, including but not limited to, any text, images, sounds, data bases, multi-media products, interpretation, artistic renderings, fixed images, photographs, radio diffusion signals and, in general, all and any creations and objects expressed through any medium or support, either currently known or which may be invented in the future, whether or not these be protected by the laws in force for intellectual property or industrial issues or any other analogous legal systems (hereinafter referred to as the "Content") and all those services and resources on line which, if this be the case, are offered to users (hereinafter referred to as the "Services").

 

The North York Company reserves the right to modify, at any time and without prior notice, the presentation and configuration of this website and its Content and Services contained therein. The user acknowledges and accepts that The North York Company may, at any time, discontinue, de-activate and/or cancel any of the Services and/or Content available on or through this website.

 

2. ADDITIONAL TERMS

 

Access to and use of certain components of the Content and Services may be subject to certain conditions, legal warnings, directives and regulations specifically to that Content or Service, In such case, the legal warnings, directives and regulations shall substitute, complete and/or modify the Terms of Use agreement set forth herein (hereinafter referred to as the "Special Conditions"). Access to and use of such Content and/or Services shall, therefore, imply full compliance with the additional terms outlined in the version published at the time the user accesses them, such Special Conditions thence being automatically incorporated within this Terms of Use agreement.

 

Should any contradiction arise between the terms and conditions set forth in the Terms of Use agreement and the Special Conditions, the terms agreed upon in the latter instrument in respect of any incompatible terms and solely in respect of the Content and/or Services subject to such regulation shall always prevail.

 

3. ACCESS TO CONTENT AND SERVICES

 

In order to access this website, a user must:

 

  • have access to the internet, either directly or indirectly through an access device;

 

  • pay applicable corresponding access and connection fees, and

 

  • be in possession of the computer equipment and systems necessary to connect to the internet, including an adequate terminal for such purpose (a computer, telephone, etc.) and a modem or other analogous or similar mechanism.

 

For the correct use, visualization and implementation of certain Content and Services of this website, the user may need to download in his or her computer equipment certain computer program, applications or other logical elements. Applicable installation cost and cost of usage fees associated with these requirements shall be paid by the user, and The North York Company hereby declines any liability, which may derive.

 

The user agrees to refrain from accessing the Content and/or Services of this website by any means other than that of the website’s interface provided by The North York Company for such purpose.

 

4. REGISTRATION

 

In order to access certain Content or Services, The North York Company may require users to register. In this case, the user must provide the information requested.

 

In respect of the registration process, the user agrees to:

 

  • provide true, exact and complete details of his or her identity, and

 

  • update his or her registration details in such manner that they remain true, exact and complete.

 

A user may not select a username or password, or any word and/or expression which, in general, may break the law or normal moral standards that are generally accepted as good conduct, nor, in general, any word and/or expression upon which any right is held excluding using the same username.

 

A user may not select words or expressions which are rude or offensive, insulting, slanderous or in any way identical or similar to, or in any manner coincide with, distinguishing signs, trade names or names, surnames, artistic names and/or pseudonyms of third parties. Should the user facilitate any false, inexact or incomplete data, or should The North York Company have sufficient cause to suspect that such information is false, inexact or incomplete, or if this information were contrary to law or moral demands or generally accepted good conduct, pursuant to the provisions of the foregoing paragraph, The North York Company shall be entitled to cancel such registration and deny access and use, in the present or in the future, to this website or to any of the Content or Services incorporated therein.

 

The user agrees to make diligent use of his or her username and password, as well as to maintain his or her username and password in confidentiality. The user agrees to be entirely responsible for all activities that may take place using such username and password.

 

The user may cancel and de-activate his or her registration at any time, using his or her username and password. The user hereby acknowledges and accepts that The North York Company reserves the right to cancel any registration that has been inactive for more than 60 days.

 

5. REGULATIONS GOVERNING THE USE OF THIS WEBSITE

 

The user hereby agrees to use this website and the Content or Services incorporated herein in a diligent and correct manner. Likewise, the user agrees to reframe from using the website:

 

  • to carry out activities contrary to law, ethics, generally accepted good conduct or established public order, and

 

  • for illicit, prohibited or harmful purposes or effects. The North York Company hereby declines any liability which could derive from the foregoing.

 

The user agrees that he or she shall make use of this website and the Content and/or Services incorporated therein for general, personal and private purposes. The user is hereby strictly forbidden to authorize third parties to totally or partially use this website, or to introduce, or incorporate as or into, his or her own commercial activities, the Content and/or Services therein this website. The use or application of any technical, logical or technological resources pursuant to which users may benefit, directly or indirectly, with or without profit, from non-authorized exploitation of the Content and/or Services or the website itself is hereby strictly prohibited.

 

The user agrees not to damage, render useless, overload or deteriorate the equipment or telecommunications systems of The North York Company or any third party, or the content incorporated and/or stored on this website.

 

The user agrees to refrain from using the Content and Services in any manner which could damage, render useless, overload or deteriorate the website or impede normal utilization by other users.

 

The user agrees to refrain from modifying the equipment and systems of The North York Company in any manner whatsoever, and from using modified versions of equipment and systems with the intent to obtain non-authorized access to any Service and/or Content of the website.

 

The user agrees not to interfere with or interrupt access to and use of the website, servers or networks, or fail to comply with the requirements, procedures and regulations governing internet connection policy.

 

6. WEBSITE CONTENT AND SERVICES

 

Corporate Information:

 

  • The user acknowledges and agrees that any details of an economic-financial-strategic nature in relation to The North York Company or the companies of its Group (hereinafter referred to as "Corporate Information") appears for informative purposes.

 

  • The Corporate Information has been obtained from reliable sources, but, despite having taken reasonable precautions to ensure that such information is not erroneous or mistaken, The North York Company neither states nor guarantees that it is exact, complete or up to date, and it should not be trusted as such.

 

  • The Corporate Information contained on this website does not entail any kind of recommendation for investment, nor financial or any other kind of advice, and no part of its content should be used as a basis to carry out investments or to make decisions of any kind.

 

  • Without prejudice to all of the foregoing, any user who decides to invest in shares of The North York Company Group should take into account the fact that the value of his or her investment may undergo fluctuations either upwards or downwards, and that he or she may thus be unable to recover the sum invested, either in whole or in part. Any profits obtained in the past do not indicate future yield. Exchange rates and their fluctuations may produce fluctuations in the value of their investments.

 

Information Provided By Third Parties:

 

  • This website may include information or content facilitated by other sources other than The North York Company, including the users of this website themselves. The North York Company does not guarantee, nor does it assume, any liability whatsoever for the certainty, integrity or exactness of such information and/or content, including any situation where defamatory, offensive or illicit elements exist.

 

  • At all events, and without prejudice to the foregoing, remittal by third parties of information and/or content of the publicly accessible sections of this website through electronic mail or any other means, shall imply the granting in favor of The North York Company of a non-exclusive license, with no time limit, world-wide and at no cost, to reproduce, store, edit, modify, publish, incorporate in data bases, publicly notify, transmit, visualize, distribute, represent or in any other manner commercially exploit, in whole or in part, such information or content owned by the user on this website, in any form or by any other means or technology. The North York Company reserves the right, at its own sole discretion, to edit, reject or eliminate the aforementioned information and/or content.

 

  • The user acknowledges and agrees that The North York Company may retain and reveal the information it stores or places at the disposal of third parties on this website, provided that this information is:

 

  • required from them by the competent authorities and official organizations;

 

  • necessary in order to comply with the Terms of Use and/or Particular Conditions;

 

  • convenient or necessary to contest claims relating to violation or infringement of rights; or

 

  • advisable or necessary to protect the legitimate interests of The North York Company, its users and the general public.

 

7. CONTENT AND SERVICES OUTSIDE THE WEBSITE

 

The North York Company may place links, directories and search engines on this website, which allows users to access webpages belonging to or managed by third parties.

 

The installation of such links, directories or search engines on this website has the sole purpose of facilitating the users with search and access to the information, the content and the services available on the World Wide Web and the Internet.

 

Establishment of links, directories and search engines on this website does not necessarily imply the existence of a relationship between The North York Company and the proprietor of the webpage with which the links, directories or search engines connect to, nor acceptance and approval on the part of The North York Company of its content or services.

 

Unless expressly otherwise stated, neither The North York Company nor any third party offers or markets the information, content and/ or services available on the webpage(s) to which it provides a link, directory or search engine, nor does The North York Company or third party control, approve or oversee the information, content and/or services or claim them our own. The user, therefore, must take extreme precautions when evaluating and using the information, content and services contained on the webpages to which such link, directory or search engine is provided.

 

To the extent that this website contains links to outside websites over which The North York Company does not have any control whatsoever, the user acknowledges and agrees that The North York Company shall not be held responsible for the contents and the services that they may access on said webpages, nor for any products commercialized in such manner.

 

8. GUARANTEES AND LIABILITY

 

Unless law expressly provides otherwise, or unless expressly otherwise stated, the user hereby expressly acknowledges and agrees that The North York Company grants no guarantee of any nature, be this express or implicit, in respect of this website or the Content and Services incorporated therein, including but not limited to:

 

  • The availability and continuity of the functioning of the website and, in particular although not exclusive to, the fact that users may effectively utilize the website, the Content and the Services, access the different webpages making up the website or those from which Services are loaned.

 

  • The level of quality, interfacing and functioning of the website, or the Services and/or Content incorporated therein.

 

  • The interruption, suspension or cancellation of access to the website and the Content and/or Services incorporated therein.

 

  • The adaptation of the website and the Services and/or Content incorporated therein for any particular purpose.

 

  • The certainty, integrity, exactness and/or updating of the Content, Services, products, texts, graphics, links or any other elements incorporated in the website, or any results which may be obtained from the access and/or use of this website or its content.

 

  • The North York Company hereby expressly declines any responsibility for error or omission in the information contained in the webpages of this website, or the lack of veracity, exactness, thoroughness, relevance and/or updating of the Content, including any differences in prices which may exist between those indicated on the website and those appearing on the tickets attached to garments (the prices marked on the ticket will always be the correct ones).

 

  • Unauthorized access and alteration of data stored and transmitted through this website or the services offered in this connection.

 

  • The absence of viruses or other elements in the content, which could produce alterations in the computer system (software and hardware) or in the electronic documents and directories stored in the computer system.

 

The user is aware of, and voluntarily accepts, that use of this website, the Services and the Content takes place, in all cases, at his or her own risk, for which reason he or she shall adopt all measures necessary for the purposes of minimizing risks, including any security measures which may be necessary to guarantee anti-virus and data recovery procedures. Thus, unless law expressly dictates otherwise, and exclusively insofar as this is imposed, The North York Company neither guarantees nor assumes any responsibility whatsoever in respect of access to and use of this website and its Content and/or the Services incorporated therein.

 

9. FORCE MAJEURE

 

Without prejudice to the foregoing, The North York Company shall not be liable for delays or faults produced in access to, functioning and operating of this website, its Content and/or Services, nor for any interruption, suspension or faulty functioning of this website whenever this is caused by breakdown due to natural catastrophes such as earthquakes, floods, lighting or fire, situations of force majeure, situations of extreme emergency such as war, military operations, civil disturbance, strikes, closures by management or any other situation of force majeure or fortuitous cause.

 

10. PERSONAL DATA

 

In order to use or access certain Services and/or Content, The North York Company may require users to fill out certain registration forms which necessarily entail the facilitating of certain details of a personal nature. The North York Company shall treat such details in accordance with the purposes and on the terms described in each case.

 

When filling out and sending any form incorporated in this website, the user hereby expressly consents to and authorizes The North York Company to collect, automate or hand over, according to each case, details of a personal nature requested from the company, according to the purposes and on the terms described in each case.

 

The North York Company has adopted and shall adopt all and any technical and organizational security measures which are compulsory under current legislation and the quality standards existing within the sector, with a view to guaranteeing maximum security and confidentiality of communications.

 

The North York Company guarantees that inspections to avoid any breach of security or other negative consequences exist, adopting the most adequate organizational and technical procedures with an objective to mitigate or minimize such risks. Irrespective of the foregoing, the user acknowledges and agrees that Internet security measures are not completely immune from breaches of security or other negative consequences.

 

The North York Company hereby warns that any content sent over the Internet can be intercepted or modified by unauthorized sources. The North York Company also warns that the current state of technology does not guarantee non-violation of security systems or the inviolability of communications when these are transported through any telecommunications networks. Hence, The North York Company cannot guarantee the full privacy and safety of the utilization of this website and its Content and/or Services nor, in particular, that unauthorized third parties may not become aware of the type, conditions, characteristics and circumstances of the use made by users of this website and its Content and/or Services.

11. INFORMATION ABOUT COOKIES

 

This website uses cookies, small text files containing information about your navigation through this website; the main purpose of using cookies is to improve the user experience through this website. For more information how The North York Company uses cookies, their purpose and any other relevant information please see the following link: XXXXXXXXXXXXXX.

 

By continuing or simply browsing and/or using the functionalities of this website, the user gives his/her consent, depending on the settings you selected on the privacy options provided by your browser, the installation of the cookies used on this website and described at the abovementioned page.

 

12. INTELLECTUAL PROPERTY RIGHTS

 

This website, as well as its Content, Services and elements, are the property of or fall under the control of The North Nork Company, and are protected, with no limitation whatsoever, by the intellectual property laws of Canada and the United States, and by any applicable international Treaties and Conventions.

 

The intellectual property rights held by The North York Company are exclusive to this website. Likewise, The North York Company and all the companies of The North York Company group of companies reserve the rights over any Content, Services or elements it owns, and which are incorporated in this website, including but not limited to:

 

  • those elements forming the visual appearance, the graphics or illustrated images and other sensorial stimuli on the webpages making up the website;

 

  • the navigation architecture;

 

  • the source codes of the website;

 

  • photographs,

 

  • recordings,

 

  • computer programmers,

 

  • data bases,

 

  • technology,

 

  • logotypes, and

 

  • distinguishing signs.

 

All of the foregoing shall be collectively referred to hereinafter as the "Property".

 

The user acknowledges and agrees that Content and Services owned by third parties, whose rights are protected by the applicable legislation in matters concerning intellectual and industrial property rights, rights to exploit the commercial and publicity value of image and other analogous rights, according to each case, are accessible on this website.

 

The user agrees to abstain from withdrawing, removing, manipulating or in any other manner modifying:

 

  • Any notes, legends, indications or symbols which the legitimate owners of the rights may incorporate in their websites in matters concerning intellectual or industrial property (such as, for example, copyright, ©, ®, and ™, etc.).

 

  • The technical data protection or identification systems which may be contained in the Content (such as, for example, water marks, fingerprints, etc.).

 

13. PROPERTY LICENCE

 

The user acknowledges that, pursuant to this Terms of Use agreement, The North York Company neither hereby grants nor transfers to the user any rights whatsoever in respect of its intellectual property, or the intellectual property of any third party. The North York Company authorizes the user to access and use of this website, in accordance with the terms indicated in this agreement.

 

The North York Company hereby authorizes all users to access and navigate this website, using the Services and viewing the Content incorporated therein.

 

Users of this website are not authorized to copy, distribute (including by electronic means), transmit, communicate, modify, alter, transform, transfer or in any other manner display activities entailing the commercial use of this website, its pages, Content or its integrated elements, be this partially or totally, without the express written consent of The North York Company. Whenever The North York Company so expressly authorizes in writing, the user may download one sole copy of the Content. Authorization does not, in no case whatsoever, grants the user permission to transfer authorization to a third party.

 

Access, viewing and, if this be the case, downloading of the Content and/or Services shall in each and every case be carried out for strictly personal, and not commercial, purposes.

 

The North York Company reserves all rights over its intellectual property, including, but not limited to, all intellectual property rights it holds. The North York Company grants no license or authorization for use whatsoever to the user in respect of its Property other than that expressly detailed in this clause.

 

14. LINK LICENSE

 

Users and, in general, all those persons who intend to establish a link between their webpage and the website, must comply with the conditions listed hereunder. Any intention to establish a link in any manner other than that stipulated in this clause shall require prior written permission from The North York Company.

 

  • A user may not reproduce, nor totally or partially imitate, the content of this website nor its illustrated graphic appearance, ("look and feel"), nor may he or she produce frames ("frames") nor assembled links ("link inline") of The North York Company’s webpages.

 

  • A user may not create browsers, frames or navigation bars on this website pages.

 

  • A user may not create false, inexact, incorrect or denigrating statements in respect to this website, The North York Company, or any other The North York Company property and, in particular, nor shall it be stated or given to be understood that The North York Company collaborates with or is a collaborating partner of, or has in any other manner supervised or assumed in any way, the Content or Services offered or placed at the disposal of this website to which the link is established.

 

  • A user may not create links to webpages that contain any trade mark, commercial name, notice of establishment, denomination, logotype, slogan or other distinguishing sign which are the property of The North York Company, with the exception of those signs forming part of the same link or other intellectual property, which held prior written permission from The North York Company.

 

  • A user may not create links to webpages that contain any information or Content which may be illicit or contrary to the morals and generally accepted ethical conduct and public order, nor shall it contain any Content or Services contrary to any third-party rights.

 

15. TERMINATION OF LICENSES

 

The North York Company reserves the right to terminate or modify at any time and for any reason the licenses granted pursuant to these Terms of Use. Without prejudice to the foregoing, The North York Company may bring legal action against any utilization on the part of a user which:

 

  • does not comply with the terms and conditions herein specified;

 

  • infringes or violates the intellectual property rights or other analogous rights of The North York Company, or of any other legitimate holder of such rights; or

 

  • infringe upon any applicable regulation.

 

The user shall be under obligation to immediately remove from his or her webpage any intellectual property of The North York Company, and remove any link to such webpage when so required by The North York Company.

 

16. INFRINGEMENT NOTIFICATION

 

Should any user or third party believe that circumstances exist which reveal the unlawful nature of the utilization of any Content and/or Services, or engagement in any illicit activity in the webpages included on this website or through the Services rendered, he or she may contact the Legal Department at the registered offices of The North York Company, providing the following information:

 

  • The name, surnames, national identity card number, address, telephone number and electronic mail address of the claimant, as well as, if this be the case, the signature of the holder of the rights supposedly infringed upon or, should this be the case, of the person authorized to act on his or her behalf and representation.

 

  • Identification of the supposedly unlawful activity in question, and, in particular, whenever dealing with a supposed violation of intellectual property rights, and a precise and detailed description of the content protected, as well as its exact location.

 

17. TERM AND MODIFICATION

 

The legal relationship deriving from access to and utilization of this website, as well as the Content and Services incorporated therein, shall have an indefinite life term. Likewise, any of the parties may unilaterally terminate or suspend this contractual relationship at any time, with no more cause than his or her own wish to do so.

 

Without prejudice to the foregoing clause, such relationship shall be understood to have terminated immediately whenever The North York Company publishes a new Terms of Use agreement. Access to and utilization of this website shall imply full adherence to and acceptance of the new conditions and, consequently, the initiation of a new legal relationship.

 

The North York Company reserves the right to modify this Terms of Use agreement at any time and with no prior notice.

 

18. ASSIGNMENT

 

The user may not assign, transfer, encumber or subrogate in favor of third parties, the rights and obligations set forth in this Terms of Use agreement or, if this be the case, in any Particular Conditions.

 

The North York Company may assign, transfer, encumber or subrogate in favor of third parties, totally or partially, the rights and obligations assumed pursuant to the contractual relationship expressed herein, as well as the contractual relationship, to any third party, it being understood hereby that the user grants sufficient authorization to this effect.

 

19. GOVERNING LAW AND JURISDICTION

 

This website is operated and controlled by The North York Company from its offices in North York, Ontario, Canada. Consequently, all and any matters which may derive from access to and/or utilization of this website shall be understood to be governed and construed in accordance with Canadian legislation.

 

All user, regardless of his or her location, shall submit to the competent courts and tribunals of Canada, which expressly waive their right to any other jurisdiction.

 

20. NOTICES

 

Unless otherwise indicated, all notices, summons, agreements, consents, acceptances, approvals or notifications which may be necessary pursuant to the provisions contained in this Terms of Use agreement or which, in one way or another, are related to this Terms of Use agreement, must be in writing and sent to The North York Company by mail, to the registered offices of the company, for the attention of the Legal Department.

 

21. ADDITIONAL INFORMATION

 

For any additional information, suggestion or proposals, please The North York Company at:

 

customerservice@thenorthyorkcompany.com.

bottom of page