1. USE OF THE WEBSITES
Groupe Dynamite Inc. and its affiliates and subsidiaries (together, "GDI", "our", "us" or "we") operates garageclothing.com, dynamiteclothing.com and groupedynamite.com as well as all other domain names owned by us which point to these addresses (the "Websites" for your personal and non-commercial use and information. Your use of the Websites is subject to the following terms and conditions of use and sale (the "Terms") and all applicable laws. By accessing and browsing the Websites, you accept, without limitation or qualification, the Terms. If you do not agree with any of the Terms, please do not use the Websites. The expression "Websites" also includes the Apps and the Loyalty Programs, as such expressions are defined herein.
GDI reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Websites without prior written notice at any time, and from time to time, at GDI's sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Websites by posting notice of same on the Websites. Following the posting of any such notice, your continued use of the Websites will constitute your acceptance of the new Terms and other policies, as modified, and you will be bound by said new terms and policies. Certain provisions of These Terms may be superseded by legal notices or terms located on particular pages of the Websites.
GDI's products and services available through the Websites (the "Product" or the "Products") may be ordered by persons who reside in Canada, the United States and in other countries or territories as we may determine. The Websites are not intended for access or use outside these territories. You are responsible to ensure that your access to the Websites and the information and material available on or through them are legal in each jurisdiction in or through which you access or view the Websites and such information and material.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITES, AS THEY INCLUDE PROVISIONS, SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
YOUR USE OF THE WEBSITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
2. ACCEPTABLE USE POLICY
As a condition of your use of the Websites, you hereby represent and warrant to GDI that you:
- will only use the Websites for lawful purposes in accordance with the Terms and our online Privacy Policy;
- agree to honour our intellectual property rights;
- agree to provide us with accurate information as necessary for the proper conduct of the Websites, and to take responsibility for the information you provide;
- acknowledge that we may be unable to process and shall have no responsibility to process requests, the accuracy of which we cannot validate;
- agree not to create a link (other than personal "bookmark" or "favourites" entry) to the Websites without first obtaining our written permission;
- will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any email or form entry created through the Websites; and
- shall not interfere or attempt to interfere with the operation of the Websites in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of the Terms.
3. PRIVACY
Our privacy practices respecting the information we collect during your visit to the Websites are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of the Websites implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to our use of your personal information and the content which you provide us through the Websites and any social networking pages, such as Facebook, Twitter and YouTube, in accordance with the terms of and for the purposes set forth in our Privacy Policy, as may be amended from time to time.
4. NO USE BY MINORS
The Websites are intended for use by adults only. If you use the Websites to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Websites and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Websites on your behalf and you should not use the Websites on your own or provide any personal information to GDI. We do not knowingly collect information from children under the age of 13.
5. MOBILE APPLICATIONS
GDI's mobile applications for download to your mobile device (the "Apps") are subject to all sections of these Terms, where applicable.
6. PRODUCT PURCHASES AND USER ACCOUNT
If you register on the Websites for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. GDI reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
7. PRODUCT INFORMATION
Products which may be purchased from the Websites are available for sale and distribution to customers in Canada, the United States and other countries or territories where GDI deems it advisable. We attempt to ensure that information on our Websites is complete, accurate and current. Despite our commercially reasonable efforts, information on the Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Websites.
For example, products included on the Websites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Websites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of our acceptance of your offer to buy a product or service from GDI. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All features, content, specifications, products and prices of Products described or depicted on the Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. GDI attempts to be as accurate as possible in describing all Products available for sale and/or distribution by GDI. However, GDI does not warrant that Product descriptions or other content of the Websites are accurate, complete, reliable, current or error-free. We make commercially reasonable efforts to accurately display the attributes of our Products, including the applicable colours. Please note that because the colours of the Products you see will depend on your monitor, GDI cannot guarantee that your monitor will display the exact, actual colour of a Product displayed.
8. PRODUCT AVAILABILITY
Products which may be purchased from the Websites are available for sale and distribution to customers these Products will be available at that time as at any other time. The availability of certain Products may be limited, and Products may not be available for immediate sale. GDI may revise or cease to make available any Products at any time without prior notice. In the event that GDI is unable to deliver to you a Product you have ordered due to lack of availability, we will notify you via email and your order will be automatically cancelled with respect to such unavailable Product, provided that GDI may, at its sole discretion, contact you in order to allow you to maintain your order, subject to a revised delivery time if and when the Product becomes available.
9. PRODUCT ORDERS
Products which may be purchased from the Websites are available for sale and distribution to customers Before submitting an order for the purchase of Products using the Websites, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes.
When you submit your order, (by pressing the "Place Order" button) such order will constitute an offer from you to GDI to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on GDI until accepted by GDI. Our acceptance of your order is evidenced by return email from GDI indicating that your order has been accepted.
THE WEBSITES AND THEIR CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
United States orders shall be exempt from payment of Canadian federal goods and services taxes and any applicable provincial or harmonized sales taxes, and other Canadian taxes and duties associated with a Product order.
GDI reserves the right to limit the amount of Products Customers may order.
It is your responsibility to ascertain and obey all applicable local, state, provincial, federal and international laws in regard to the possession, use and sale of any item purchased from the Websites. By placing an order, you confirm that the Products ordered will be used only in a lawful manner.
The merchandise shown on the Websites constitutes invitations made to you so that you may offer to purchase our products and does not constitute an offer to sell. Your duly filled in and completed order form is your offer to purchase the products indicated by your order. Your order will be considered accepted by GDI only if and when we send you a shipping notification via email. This shipping notification, sent by email, constitutes our acceptance of your offer to purchase and represents a contract with GDI, who reserves the right to accept or refuse your contract offer.
Although it is rare that GDI would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:
- i. Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:- an incorrect credit card or debit card number, expiration date and/or card security code, or information regarding other payment types;
- incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
- an insufficient or incorrect shipping address (including street address, city, state, province, territory, zip or postal code);
- or any suspected fraudulent information.
ii. Merchandise Shipping Delay or Unavailability
If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on our Websites relating to the order, (for example, an error relating to the price or description of merchandise) GDI may cancel the order. If this occurs we will contact you so that you are aware.
iii. Reshipping of Merchandise
GDI's policies do not allow merchandise to be reshipped. Any orders shipping to a freight forwarder, forwarder, forwarding agent, also known as a non-vessel operating common carrier (NVOCC), road transportation companies, ocean ship line companies, airline companies, a person or company (third party logistics companies) that organizes shipments for individuals or corporations will not be accepted.
iv. Resale of Merchandise
GDI's Garage and Dynamite brands are trademarked brands. To protect GDI's intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. We will not accept any order found to have characteristics of reselling. We reserve the right to cancel all subsequent orders from such customers.
v. Previous Fraudulent Order History
GDI may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.
10. PRODUCT PRICING
All prices and Product orders are quoted and shall be processed in the currency appearing on your web page. Although GDI strives to provide accurate Product and pricing information, errors may occur. GDI reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. GDI cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the Websites and/or the Order Confirmation) is incorrect due to an error in pricing or product information, GDI may, at its sole discretion, refuse or cancel your order, whether before or after GDI's acceptance thereof. If there is such an error in pricing, GDI will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
11. CONSENT TO USE ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and GDI over the Internet or by email or by any other means of electronic communication, and you agree that the Terms, together with any applicable Order Confirmation(s) accepted by GDI in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
12. CANCELLATION
GDI reserves the right, at its sole discretion, to limit quantities, terminate Accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card or Klarna account charged. In the event that your order is cancelled after your payment has been processed, GDI will issue a full refund.
13. CUSTOMER RETURNS OF ORDERS
Once an order is submitted it cannot be modified or cancelled. You may return your order by mail or in-store
Items purchased online (except for final sale items) can be exchanged or returned in-store within 30 days from your order date. Your original sales receipt is required.
Note that our stores cannot credit your PayPal or Virtual Debit account. They will refund you using a Garage gift card. If you return it by mail to our Distribution Centre, a credit will be issued directly toward your PayPal or Virtual Debit account.
Items purchased using Klarna are subject to the same refund policy as any other purchases. You may make your return by mail or in-store. Klarna will adjust your payment plan and you will be refunded for any payments you have already made. At this time, we are unable to accept exchanges on Klarna purchases.
14. PAYMENT TERMS
Terms of payment for any Products purchased through the Websites shall be determined at GDI’s sole discretion. Payment shall be made by credit card or any other pre-arranged method of payment that has been accepted by GDI. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
15. SHIPPING AND TAXES
GDI will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation, as long as that shipping address is compliant with the shipping restrictions contained on the Websites. Delivery times provided by GDI are estimates only. GDI shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all Product prices quoted do not include shipping and handling charges and applicable federal, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Canadian customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order. Non-Canadian orders shall be exempt from payment of Canadian federal goods and service taxes and any applicable provincial sales taxes, and other Canadian taxes and duties associated with a Product order. However, non-Canadian customers are responsible for all sales, use, and any other taxes and duties imposed by any state or jurisdiction in their country of residence, associated with their order.
16. OWNERSHIP; RISK OF LOSS
All Product(s) purchased from GDI are delivered to you by a third party delivery company, pursuant to a shipping contract. As a result, risk of loss and title for Products purchased from the Websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
17. RETURNS
All Product returns are subject to GDI's Return Policy the terms of which are incorporated herein by reference. Some restrictions may apply.
18. COPYRIGHTS AND TRADEMARKS
The design of the Websites and all text, graphics, images, illustrations, articles, information, photographs, software, audio clips and video clips, information, content, and other material displayed on or that can be downloaded from the Websites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software and other technology components of the Websites are protected under applicable copyright laws in favour of GDI and/or its affiliates, subsidiaries and suppliers. The contents of the Websites are protected under applicable copyright laws in favour of GDI and/or its affiliates, subsidiaries and suppliers. All rights reserved.
You may not modify the information or materials displayed on or that can be downloaded from the Websites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations
The material on the Websites is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. GDI is the owner of the copyright on the Websites and, consequently, the material on the Websites may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, including but not limited to text, audio or video, without GDI's prior written consent.
a) Copyrights
Users of this site providing, without limitation, feedback, data, questions, comments or suggestions to GDI transfer and assign any and all rights attached to such feedback, data, questions, comments or suggestions, to GDI and further waive any and all moral rights they may have therein. GDI shall be free to reproduce, use, disclose and distribute such feedback, data, questions, comments or suggestions to third parties (excepting personal information allowing to identify such users), without limitation. Additionally, GDI shall be free to use any ideas, concepts, know-how or techniques contained in such feedback, data, questions, comments or suggestions for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products, and/or services incorporating such feedback, data, questions, comments or suggestions. Lastly, GDI reserves the right to publish reviews from customers using their first name for marketing purposes only.
b) Trademarks
Certain trademarks, trade names, service marks and logos (collectively, the "Marks") used or displayed on the Websites are registered and unregistered Marks of GDI. Other Marks used or displayed on the Websites are the registered and unregistered Marks of their respective owners. Nothing contained in the Websites is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act without the express prior written permission of GDI or such other owner.
Notwithstanding the foregoing, GDI authorizes you to make one electronic or paper copy of the information posted on any page of the Websites provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the Websites. This license does not include any resale of the Websites or their contents; any collection of product listings, descriptions or prices; any other derivative use of the Websites or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Websites or any trademark, logo or other proprietary information (including images, text, page layout, or form) of GDI without express written consent from GDI. You may not use any meta tags or any other "hidden text" utilizing GDI's name or trademarks without the express written consent of GDI. Any unauthorized use of the Websites and/or their contents terminates the permission or license granted by GDI.
Except as what may otherwise be expressly provided herein, nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of GDI or any other person or entity.
19. ENGAGEMENT WITH GDI AFFILIATES:
GDI reserves the right to block from receiving marketing communications or to remove and unsubscribe from all GDI platforms any email address, phone number, and/or mailing address associated with customers determined by GDI to have characteristics of reselling and/or customer orders determined by GDI to be fraudulent. GDI platforms affected by such removal include but are not limited to: (i) any of GDI's online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.
20. YOUR MATERIAL
GDI is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Websites or any other GDI websites including any GDI pages on social networking websites and webpages such as Facebook, Twitter or YouTube (collectively, your "Material"). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of GDI or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party's proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold GDI harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. GDI reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
21. CONFIDENTIALITY OF THE MATERIAL TRANSMITTED
Other than your Account information and your information needed to process orders, GDI does not wish to receive Material from you that is confidential, secret or proprietary information.
You acknowledge and agree that any Material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the Websites or the Products, is not, except as may be required under applicable law or pursuant to GDI's Privacy Policy, confidential, secret or proprietary.
You hereby acknowledge and agree that any or all information and Material provided by you to the Websites may be included in a database owned by GDI in which we have rights and interests, including, but not limited to, the compilation copyright, and we reserve the right to use any information or materials you provide to us or that we obtain through your use of the Websites to the fullest extent permitted by law. You, therefore, consent to GDI using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of GDI or the disclosure of your identity, in accordance with the Terms and GDI's Privacy Policy.
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Websites, you hereby grant GDI a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or developed in the future. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by GDI of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against GDI for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that GDI is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected email communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to GDI or the Websites, no confidential, fiduciary, contractually implied or other relationship is created between you and GDI other than pursuant to the Terms. GDI shall not be responsible for the payment of any monies to any other party in connection with GDI's use of any information or Material provided by you to GDI or the Websites. You also represent and warrant that any and all such information or Material which you provide to GDI, whether provided by you electronically by accessing or using the Websites or otherwise, and GDI's use of this information and Material so provided as permitted in the Terms, does not infringe the rights of any other person or entity.
22. SUBSCRIPTION TO EMAILS, TEXT MESSAGES AND NOTIFICATIONS
a) Emails
You may opt-in to receive email communications from us:
- by signing up to receive newsletters on the Website.
- unsubscribing to the Loyalty Program (see "Termination of the Loyalty Programs" section). Loyalty Program Members who want to remain Members may unsubscribe only from e-blasts (commercial emails) by opting-out on the Website;
- clicking "unsubscribe" on an email; and
- changing communication preferences on the "My Profile" section of the Website.
b) Push Notification on the App
You may opt in to receive push notifications on the App by accepting push notifications when signing up to the App or the first time you use the App.
To opt out of push notification, go to the notification settings of your device, find GRG app or DYN app, and switch notifications to 'off'.
c) Shipping Notification Alerts
GDI may also operate separate text message or email shipment notification alerts, which are subject to these Terms where applicable. Shipping alert text messages or emails do not come from the same short code, but instead come from a separate ten digit phone number or separate email address. Therefore, the shipping alert text messages and emails are separate and distinct from any brand's marketing text message or email program, and opting out of the shipping alert text messages or emails will not opt you out of the marketing text messages and emails, and vice versa.
You can opt out of shipping alert text messages or emails at any time by completing the actions as described in the "Email" and "Text Message" sections, as the case may be.
d) General
By opting in to receive e-mails, text messages and/or push notifications (the "Electronic Communications") from us, you are consenting to receive such ongoing Electronic Communications, including from automatic telephone dialing or automatic email systems. Your consent to receive such Electronic Communications is subject to these Terms, and also is subject to GDI's Privacy Policy.
Your consent to receive Electronic Communications is not a condition of purchasing goods or services from GDI but is required for participation in our Loyalty Program. You agree that when you submit a request to opt in or opt out of receiving Electronic Communications, you may receive confirmatory text messages and/or emails from us.
In addition to the confirmatory Electronic Communication, you may receive a limited number of marketing text messages per calendar month for each brand for which you have signed up, as part of the ongoing text message program and newsletter email program to which you subscribed, which may include the latest updates on products, contests, special offers, polls and trivia, bestsellers, what's trending on social media or other similar content. You agree that any Electronic Communications sent in response to consumer-initiated communications are in addition to the marketing Electronic Communications set forth above.
You agree that these opt-out instructions, and/or any opt-out instructions in the Privacy Policy, provide the exclusive means of revoking your consent to receive Electronic Communications. You warrant that you have provided your accurate mobile telephone number and/or email address to GDI and that you have authority to consent to receive Electronic Communications at these addresses. Before changing, deactivating, or relinquishing your mobile phone number or email address, you agree that you will opt out of GDI Electronic Communications. Failure to do so constitutes a material breach of these Terms. To opt back in with your new mobile number and/or email, follow the opt-in procedures described herein.
For help related to the text message or email program, reply HELP/AIDE to any email received from any brand, or text HELP/AIDE to the short code above associated with the brand. For contact information of the sender related to the texts or emails, reply INFO to any email received from any brand, or text INFO to the short code above associated with the brand. You agree that when you initiate a text message to any of our brands' short codes, including STOP/ARRET, HELP/AIDE, INFO, and others, you may receive in reply, related text messages that are in addition to the above-referenced marketing text program messages.
You acknowledge that your request to stop receiving Electronic Communications may take up to 7 business days to take effect and that you may, during that time, continue to receive some Electronic Communications from us. GDI will use commercially reasonable efforts to comply with your request during that period of time.
You agree that GDI may change these Terms from time to time, through updating the online version of these Terms. Should there be a material change to these Terms, GDI will provide notice of such change via text messaging or email, depending on the medium on which you have subscribed to receive promotional materials, and such notices shall be in addition to the general marketing text messages and emails under this program.
23. USE OF YOUR MATERIAL BY US
You consent to GDI using any of your Material, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing your Material for GDI’s commercial purposes, in accordance with GDI's Privacy Policy
24. SURVEILLANCE
GDI may monitor the access to the Websites (and any other of its websites) and other activities in relation to the Websites (and any other of its Websites) and may intervene in this regard. However, GDI makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if GDI ever decides to do it.
25. LINKS TO OTHER WEBSITES
a) Linking to the Websites
Creating or maintaining any link from another website to any page on the Websites without our prior written permission is prohibited. In order to obtain such permission, please refer to the “Contact Us” section below. Running or displaying the Websites or any information or material displayed on the Websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Websites must comply will all applicable laws, rules and regulations.
b) Third Party Links
From time to time, the Websites may contain links to websites that are not owned, operated or controlled by GDI or its affiliates and subsidiaries. All such links are provided solely as a convenience to you. If you use these links, you will leave the Websites.
Neither we nor any of our affiliates or subsidiaries are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates or subsidiaries endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Websites, you do so entirely at your own risk.
26. DISCLAIMERS
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GDI NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE WEBSITES WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITES ARE OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER GDI NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GDI AND ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS AND VENDORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GDI AND ITS AFFILIATES AND SUBSIDIARIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. GDI AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE US MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, IF APPLICABLE, OR IN ANY ACT OF A SIMILAR NATURE IN ANY TERRITORY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, THE WEBSITES AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THE WEBSITES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND GDI DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE WEBSITES AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITES, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITES OR ANY LINKED SITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THE TERMS.
BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.
27. INDEMNIFICATION
By using the Websites, you hereby agree to indemnify, defend and hold GDI harmless from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, commercially reasonable attorneys’ fees) incurred by GDI in connection with any claim arising out of, based upon or resulting from your use of the Websites. GDI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without GDI’s written consent.
FOR THE PURPOSES OF THIS SECTION, “GDI” SHALL INCLUDE GDI’S DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS, LICENSORS, LICENSEES AND THIRD-PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.
28. LIMITATION OF LIABILITY
NEITHER GDI NOR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION OR FAILED MESSAGES, THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITES.
IN ADDITION, NEITHER GDI NOR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES MAY BE HELD LIABLE FOR ANY DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, GDI’S CONTRACTORS, THE INTERNET BACKBONE, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE COMMERCIALLY REASONABLE CONTROL OF GDI.
FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL GDI OR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES BE LIABLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF, OR RELIANCE ON, THE INFORMATION, OR USE OF THE WEBSITES. GDI AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY, OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.
IN NO EVENT WILL GDI OR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS OR ASSIGNS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITE LINKED TO THE WEBSITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURN POLICIES POSTED ON THE WEBSITES. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD GDI AND ITS AFFILIATES AND SUBSIDIARIES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, EXPENSES, AND ATTORNEYS’ FEES, ARISING FROM THE USE OF THE WEBSITES.
CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IF, DESPITE THE LIMITATIONS ABOVE, GDI IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE WEBSITES, IN NO CASE WILL GDI’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES.
FOR THE PURPOSES OF THIS SECTION, “GDI” SHALL INCLUDE GDI’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.
29. MODIFICATION OF WEBSITES; RESERVATION OF RIGHTS
GDI may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Websites or any aspect of them, including but not limited to any of the Websites’ content, features or hours of availability and GDI will not be liable to you or any third party for doing so. GDI may also impose rules for and limits on use of the Websites or restrict your access to part, or all, of the Websites without notice or liability. All rights not expressly granted in the Terms are reserved to GDI.
30. ENUREMENT
The Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
31. GOVERNING LAW
The Websites are controlled and operated by GDI from Montreal, Province of Québec, Canada, and the Terms, the Websites, any use of the Websites and any transaction conducted on or from it shall be governed by the laws of the Province of Québec and the laws of Canada, applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
32. DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise between you and GDI with respect to the Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the Judicial District of Montreal, Province of Québec, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
33. SEVERABILITY
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
34. JURISDICTION
GDI makes no representation that Materials, information or Products provided on or through the Websites are appropriate or available for use in other locations or jurisdictions than Canada. Those who choose to access the Websites from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
35. COOKIES
GDI may use "cookies" to track your preferences and activities on the Websites. Cookies are small data files transferred to your computer’s hard drive by a website. They keep a record of your preferences, making your subsequent visits to the Websites more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Websites’ functions will not be available, and the user will lose some of the benefits of the Websites.
36. NO WAIVER
GDI's failure to enforce any provisions of the Terms or to respond to a breach or default by you or any third party of the Terms shall not in any way waive GDI's right to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
37. EXPORT LAWS
Products sold or delivered under the Terms shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to indemnify, defend and hold GDI harmless against all claims, damages or liability resulting from breach of the foregoing.
38. ENTIRE AGREEMENT
The Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and GDI with respect to the use of the Websites and any transaction conducted on or from the Websites and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified, except in writing or by GDI making such amendments or modifications available to it pursuant to the Terms hereof.
39. NO ASSIGNMENT
You may not assign your rights or obligations herein without GDI’s express written consent.
40. TERMINATION
GDI reserves the right, at its sole discretion, to terminate your access to all or any part of the Websites, with or without notice.
41. REGULATORY CHANGES IN EUROPE
We apologize but following recent regulatory changes in Europe, we are unable to authorize access to our sites to European residents. We are doing everything in our power to correct that situation as quickly as possible.
42. HEADINGS
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.
43. LANGUAGE
A French version of the Terms is available here
La version française de nos modalités et conditions d’utilisation est accessible ici
| BY EMAIL | BY PHONE | BY MAIL |
|---|---|---|
| customerservice@garageclothing.com |
|
|
45. TEXT MESSAGING PROGRAM
- You can opt-in to the service by texting “HEY” to 25677, confirming double opt-in instructions, or agreeing to our consent form on our website that states “I consent to Garage sending me SMS messages. If I wish to unsubscribe I may do so at any time by texting ‘STOP’ to 25677, or by contacting Garage customer service directly.”, and you will automatically receive messages. When you provide your mobile number to GARAGE, you agree to receive up to 10 messages per month from GARAGE on your mobile phone. The text messages may include updates, alerts and exclusive offers.
- You can cancel the SMS service at any time. Just text “STOP” to 25677. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed and you will no longer receive SMS messages from us. If you want to join again, just text “HEY” to 25677 and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” 25677. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- Participating carriers: Bell, Fido, MTS, NorthernTel, Rogers, SaskTel, Telebec, Telus, Videotron, Eastlink, Aliant, Pubic Mobile, Mobilicity Virgin Mobile, Wind. Standard Message and Data Rates May Apply.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email.
- From October 18th, 2021, at 9 a.m. (ET) until October 18, 2022, at 11:59 p.m. (ET), enter by opting into the Garage messaging program by texting the code HEY to 25677 or opt-in by entering your phone number and email address on the garage clothing website (garageclothing.com) or mobile application.
46. SHOP GIFT CARDS & GET UP TO $20 OFF*
*Valid on all gift card/ecard purchases made in-store or online between December 14 and December 24, 2020. Spend $50.00 - $99.99 to receive the $10 offer. Spend $100+ to receive the $20 offer. Total value of gift cards purchased in a single transaction will be used to determine offer. Gift card values in multiple transactions cannot be combined to obtain higher discount. Customer must present Loyalty ID or provide an email address at time of purchase to benefit from this offer. Offer is applicable on purchase of regular price merchandise (after discounts, before taxes) in participating Garage stores from January 10 to January 23, 2021 or on Garage’s website and app from January 10, 2021, at 7:00 a.m. (ET) to January 23, 2021 at 11:59 a.m. (ET). Offer has no cash value. One coupon per customer. Offer is not transferable.Cannot be combined with any other Loyalty offer, online promotion, any mall offer, marketing offer or employee or family discount. Cannot be used on previous purchases or towards the purchase of gift cards or e-gift cards. Garage reserves the right to modify or cancel this promotion without notice. Brands We Love and Dynamite items are excluded from this offer.
*The Garage and Dynamite Loyalty Program is a fun and personalized loyalty experience that rewards members for shopping at Garage or Dynamite in-store, online at dynamiteclothing.com, and/or garageclothing.com (the Websites) or on the Garage or Dynamite apps (the Apps). Participation in the Garage and Dynamite Loyalty Program is governed by these Terms and Conditions (Terms).
PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY FINAL AND BINDING INDIVIDUAL ARBITRATION (AND NOT BY COURT LITIGATION) IN THE COUNTY OF THE BILLING ADDRESS ASSOCIATED WITH YOUR ACCOUNT, OR YOUR PURCHASE IF NO ACCOUNT EXISTS. THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS AGAINST US. IN ARBITRATION, THERE IS NO JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW AS COMPARED TO COURT LITIGATION. Please review the provision Arbitration Agreement and Class Action Waiver in Section m) of these Terms for complete details. PLEASE REVIEW CAREFULLY.
Program Overview:
The Garage and Dynamite Loyalty Program is a loyalty reward program offered by Groupe Dynamite Inc. (GDI) (the Loyalty Program). The Loyalty Program allows members to earn Benefits (as defined below) through the purchase of products from the Websites, the Apps, and both the Dynamite and Garage brand stores (the Stores).
As a member of the Loyalty Program
The Loyalty Program allows persons who have completed the membership enrollment steps described below (the Members) to earn points (the Points) when making purchases in-store, online, and through the Apps and, engaging with the Dynamite and Garage communities, and to redeem these Points for rebates or cash-off or other experiences or products offered by GDI from time to time (the Rewards) as well as have access to exclusive offers, events, and promotions which may be offered by GDI from time to time (the Offers, and collectively with the Points and the Rewards, the Benefits).
In order to accumulate Points and/or redeem for Offers and Rewards, you must be a Member in good standing. The accumulation of Benefits does not entitle Members to any vested rights and, in accumulating Benefits, Members may not rely upon the continued availability of any Benefit or the continued existence of any aspect of the Loyalty Program. Changes to any of these matters may affect the Benefits that a member has already accumulated, as well as any future accumulation of any Benefits.
GDI specifically reserves the right to withdraw or terminate the Loyalty Program upon sixty (60) days’ notice. By enrolling in the Loyalty Program, you agree to these Terms and you consent to the collection and use of your personal information in accordance with the GDI Privacy Policy (Privacy Policy), the terms of which are hereby incorporated by reference.
a) Becoming a Member:
Membership is free and no initial purchase is required in order to become a Member. To enroll, you must have a valid Canadian or US address and be 14 years of age or older. Only one Loyalty Program account (the “Account”) is permitted per person. GDI reserves the right to request proof of eligibility at any time.
If you were enrolled in GDI’s Studio Loyalty Program prior to the launch of the new Collectif program and you shopped with us in the last 24 months before the launch, you will be automatically enrolled in the Collectif Loyalty Program, but may terminate your membership in the Loyalty Program at any time by logging in to your Account on the Apps or by contacting our Customer Experience team via email or by calling 1-888-882-1138.
To become a Member, you may use one of the following methods:
- The Apps: Download one of the Apps and create an Account using a valid email address and password.
- The Websites: Create an Account in the Loyalty Program section of either the Dynamite or Garage Websites using a valid email address and password.
- In-Store: Sign up to the Loyalty Program in-store by providing a valid email address and accepting the Terms and Conditions, at the point of sale. You will then be advised to activate your Account and create a password by clicking on a link provided with the activation email you will receive thereafter. If you do not create a password at the point of sale, your loyalty membership will still be valid to use in-store.
Members cannot share their Account number and Account information with anyone else. Benefits apply only to the individual Member and are non-transferable. Account information, including, but not limited to, the Account password, should be protected by the Member and kept secure.
You must advise us immediately of any changes to your personal information, including name, address, and email address (the Personal Information) by using the Websites or the Apps to update the information contained in the “My Profile” section of your Account. GDI shall not be liable for misdirected email or mail communications, including any notices under these Terms or any consequences thereof where your Personal Information is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records. We reserve the right to refuse to issue, cancel or close any Account, without notice, for which we have incomplete or inaccurate Personal Information. All Benefits associated with such Account may be blocked and any such Benefits may be forfeited and cancelled. The submission of false or fictitious Personal Information will result in all the Benefits accumulated on an Account being forfeited and cancelled.
b) Accumulation of Points:
Members can accumulate Points through the purchase of products on the Websites, the Apps, and the Stores. For every $1 spent, you will earn 1 Point. Note: Applicable after all discounts, and before taxes and shipping fees. CAD and USD purchases are valued at the same amount ($1 CAD = $1 USD with no exchange rate difference). From time to time, Members will also be given the opportunity to earn Points by performing non-transactional activities with Dynamite and/or Garage, such as downloading the Apps, subscribing to our newsletters, etc.
The Loyalty Program has three separate Membership Levels. You can move up through the different levels by earning more Points.
Creator is for Members with 0 – 299 Points.
Muse is for Members with 300 – 599 Points.
Icon is for Members with 600 Points or more.
All earned Points are stored in your “Rewards” in the Apps and in the “My Rewards” section of the Websites.
GDI’s standard Return/Exchange Policy applies:
- Returns: If you return purchased items, the Points earned by those items will be deducted from your total Points. Note: you will not be required to re-earn or reimburse any Points that have already been redeemed for Rewards.
- Exchanges: There is no impact for exchanges of the same value. If the item is exchanged for a higher valued item, you will earn Points on any additional spend. If the item is exchanged for a lower value item, then the difference will be deducted from your total Points.
- Upon the return and/or exchange of Products obtained through the redemption of Rewards, all redeemed Rewards will be forfeited, and the Member will receive only the cash price paid, if any, for the returned product.
c) Redemption of Rewards:
Members can view Points for Rewards in their “Rewards” in the Apps and in the “My Rewards” section of the Websites. Rewards can be redeemed at checkout on the Websites and on the Apps, as well as in Stores at the point of sale. Note: Certain Rewards (i.e., redeem for cash) can be redeemed at any time throughout the year whereas others will be more time limited (i.e., limited-edition sweatshirt).
- Every 150 Points redeemed equals $5 cash back
- Every 300 Points redeemed equals $10 cash back
- Every 450 Points redeemed equals $15 cash back
- Every 600 Points redeemed equals $20 cash back
- Varying number of Points for experiences and products offered by GDI from time to time.
The redemption schedule may be changed by GDI from time to time at its sole and absolute discretion. The Rewards in effect will be updated in the “My Rewards” section of the Loyalty Program on the Websites and Apps. Personalized or exclusive Rewards may be extended to certain segments of our membership or selected Members.
Rewards can be redeemed in the following ways:
- Online: Add selected Reward during checkout when shopping on the Websites.
- On the App: Add selected Reward during checkout when shopping using the Apps.
- In-store: You can check your app to see which rewards are available to you and let the Store Associate know at checkout by scanning your loyalty barcode.
GDI will not be liable or responsible in any manner for any tax consequences or any charge imposed by, or with the authority of, any government, which may flow from any participation in the Loyalty Program or transactions in which Rewards are redeemed.
d) Offers:
Offers available for each Membership Level are identified in the table below. The Offers may be changed by GDI from time to time at its sole and absolute discretion. The Offers in effect will be updated in the FAQ section of the Loyalty Program on our Websites, will be updated in the Member’s loyalty landing page and directly in their reward page if the Member is logged in. Personalized or exclusive Offers that are valid during the period specified on each individual Offer may be extended to certain segments of our membership or selected Members. Certain Offers are valid during the period specified on each individual Offer.
| CREATOR | MUSE | ICON |
|---|---|---|
|
|
|
e) Program Year and Expiration of Benefits:
The Loyalty Program is subject to a “Program Year”, which begins on the date of your enrollment into the program and ends 12 months later. At the end of the Program Year, your placement in a Membership Level will be reset. On the anniversary date of your enrollment, you will be placed in the Membership Level based on your spend in the previous year.
Notwithstanding any of the foregoing, if you do not make a purchase for a period of 12 months, you will be considered an inactive member and your Points will expire. For residents of Quebec, you will receive a notice of inactivity by email indicating that inactivity will result in expiry of Points and the date of expiry, at least 30 days but not more than 60 days before the date of expiry of Points.
FOR GREATER CERTAINTY, IT IS AGREED AND UNDERSTOOD THAT ALL REWARDS AND OFFERS PROVIDED TO MEMBERS IN ACCORDANCE WITH THE LOYALTY PROGRAM ARE COUPONS AND/OR PROMOTIONAL CODES, AS THE CASE MAY BE. SUCH REWARDS AND/OR OFFERS SHALL EXPIRE IN ACCORDANCE WITH THE TERMS AND CONDITIONS SPECIFIED HEREIN AND AS SPECIFIED ON EACH REWARD AND/OR OFFER.
Benefits have no and will never have any monetary value whatsoever and cannot under any circumstances form the basis of a claim of any nature, including monetary, against GDI. Benefits are personal to the Member and cannot be assigned, traded, willed, or otherwise assigned or transferred and any assignment or transfer in violation of these Terms will be void and may, at the discretion of GDI, result in the loss of membership or the cancellation of the affected Points, Reward, or other Offer, as the case may be.
f) Amendments or changes to the Terms:
GDI specifically reserves the right to unilaterally amend the provisions of these Terms regarding, in each case, to the maximum extent permitted by applicable law:
- The nature or existence of the Loyalty Program;
- Enrolment and membership conditions, restrictions, and sanctions;
- The accumulation, redemption, expiry, or cancellation of Benefits;
- Characteristics or attributes of Benefits;
- Rights to or associated with the Benefits;
- The redemption schedule for Offers and Rewards;
- The termination of the Loyalty Program or membership, or the subjects under these Terms that may be amended and the manner of doing so.
If you do not exercise your right to rescind or cancel your participation in the Loyalty Program, your continued participation in the Loyalty Program will constitute your consent to be bound by the amendment.
Membership to the Loyalty Program is a privilege that can be revoked by GDI at its sole discretion at any time and without compensation for any reason including, without limitation, abuse by the Member of any of these Terms or any other actions deemed by GDI, acting in its sole discretion, to be deleterious to GDI, the Loyalty Program or the interests of its affiliates or subsidiaries.
g) Privacy:
We take your privacy seriously. The Privacy Policy describes how we collect, use, and disclose your personal information to deliver our program to you, and to maximize the value of your membership to you by offering personalized and relevant opportunities to earn and redeem Benefits. By participating in the Loyalty Program, you consent to the terms of the Privacy Policy and the collection, use, and disclosure of your personal information that it describes, as may be amended from time to time. You can find the Privacy Policy here.
h) Liability:
GDI assumes no liability with respect to Benefits claimed, and in particular, shall have no responsibility for the delay or failure to deliver Benefits or for their cancellation, damage, or defects. You agree that GDI and any of its affiliates, subsidiaries, or representatives are not responsible for, and you release us and them from any and all liability arising as a result of, any accident, loss, injury, or damage caused by any rewards supplied or requested in connection with the Loyalty Program.
Members release GDI, its parent, affiliates, divisions, related companies, and all our and their respective officers, directors, shareholders, agents, advisors, consultants, and employees, (collectively Releases) from any and all liability and claims arising from or connected to such Benefits, including the collection, redemption, and use thereof, as well as any loss or damage caused by such Benefits. TO THE EXTENT PERMITTED BY LAW, ALL ASPECTS OF THE LOYALTY PROGRAM ARE PROVIDED “AS IS” WITHOUT ANY CONDITION, REPRESENTATION, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
i) Termination of the Loyalty Program:
The Loyalty Program may be terminated by GDI at its sole and absolute discretion upon at least sixty (60) written notice to the Members (Termination Notice).
You may also cancel your membership by notifying GDI (see “Contact Us” section below) that you no longer wish to be a Member. In this case, all Benefits collected by you will be forfeited upon cancellation.
If GDI provides a Termination Notice, it may, in its sole discretion, establish a replacement program. Without limiting the generality of the foregoing, if events beyond GDI’s control materially affect GDI’s ability to operate the Loyalty Program, the Loyalty Program may be suspended or terminated without notice.
j) Complete Understanding
The Terms and the Privacy Policy referenced herein constitute the entire understanding between you and GDI with respect to the Loyalty Program.
k) Errors or Inconsistencies
Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending Benefits in your account. GDI’s good faith determination of the Benefits you should have in your account will be final and binding. In the event of any inconsistency or discrepancy between the Terms or other statements contained in any related materials or advertising, the terms of the then-current Terms shall prevail, govern, and control.
l) Applicable Law and Venue
These Terms and Conditions and generally all matters pertaining to GDI’s Loyalty Program shall be governed by and construed in accordance with the laws and regulations in force in the Province of Quebec and those of Canada applicable therein, without giving effect to conflict of law principles. Any claim whereby provisions pertaining to arbitration proceedings, as set forth herein, are not applicable in respect of these Terms and Conditions and generally all matters pertaining to GDI’s Loyalty Program or any other document relative thereto and/or relative to relations between the parties hereto shall be introduced before a Court having jurisdiction in the judicial district of Montreal, Province of Quebec, Canada.
m) Dispute Resolution; Arbitration Agreement; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE RULES OF AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR THE CANADIAN ARBITRATION ASSOCIATION (“CAA”), DEPENDING ON YOUR ADDRESS OF RESIDENCE, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR GDI WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
For purposes of this Section, “GDI” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
(i) Mandatory Notice of Dispute and Informal Dispute Resolution Process
If you and GDI have a Dispute (defined below), you and GDI agree to make a good faith effort to resolve the Dispute informally prior to initiating a formal arbitration proceeding. Before initiating an arbitration, you and GDI each agree to first provide the other with a detailed written notice (Notice of Dispute). The Notice of Dispute must include (a) the name, telephone number, mailing address, and email address of the person or entity providing the notice; (b) a statement of the legal claims asserted and the factual basis for those claims; and (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy.
If you provide a Notice of Dispute to GDI, the Notice of Dispute must be mailed via first-class mail, FedEx, or UPS to: GDI, ATTN: Legal Department, 5592 Ferrier St, Mount Royal, Quebec H4P 1M2. Your Notice of Dispute must include your personal signature. If GDI provides you a Notice of Dispute, GDI will mail the notice via first-class mail, FedEx, or UPS to the billing address associated with your Account and/or billing information (the Notice Address). If GDI is unable to reach you at the Notice Address, it may provide a Notice of Dispute to you via email at the email address associated with your Account.
If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.
For a period of 60 days from the date of receipt of a complete Notice of Dispute, you and GDI agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, you or GDI may commence an arbitration proceeding, pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
If the sufficiency of a Notice of Dispute or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by the court of competent jurisdiction at either party's request, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
(ii) ARBITRATION AGREEMENT. IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND ANY GDI PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, AND/OR RELATED COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROMOTIONS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES, AND/OR TO THE APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE (DISPUTES), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. THE SOLE EXCEPTIONS TO THIS REQUIREMENT ARE THAT (I) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE BASIS); AND (II) EACH PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. DISPUTE WILL BE GIVEN THE BROADEST POSSIBLE MEANING PERMITTED BY LAW. IT INCLUDES CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT OR THAT ARISE AFTER THE TERMINATION OF THIS AGREEMENT. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH GDI IN A COURT OF LAW OR BEFORE A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
ALL DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (A) ADMINISTERED BY AAA OR THE CAA, PURSUANT TO THE AAA OR CAA CONSUMER ARBITRATION RULES AND AS MODIFIED BY THIS AGREEMENT TO ARBITRATE; (B) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (C) TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY. IF AN IN-PERSON HEARING IS REQUESTED, SUCH IN-PERSON HEARINGS SHALL TAKE PLACE IN THE COUNTY OF THE BILLING ADDRESS ASSOCIATED WITH YOUR ACCOUNT, OR THE COUNTY OR DISTRICT WHERE YOU RESIDE, IN THE INSTANCE WHERE NO ACCOUNT EXISTS. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE AAA OR CAA POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE MINIMUM STANDARDS), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY. You and a GDI representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator.
DISPUTES MAY ALSO BE REFERRED TO ANOTHER ARBITRATION ORGANIZATION IF YOU AND GDI AGREE IN WRITING, OR TO AN ARBITRATOR APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT (US). IF YOU ARE A CANADIAN RESIDENT, ALL REFERENCES HEREIN TO THE AAA SHALL BE DEEMED TO BE REFERENCES TO THE CANADIAN ARBITRATION ASSOCIATION (CAA), MAKING THE APPROPRIATE CORRESPONDING CHANGES.
The AAA Rules are available on its website or by calling AAA at 1-800-778-7879. The CAA Rules are available on its website or by calling CAA at 1-800-856-5154. To commence an arbitration, a Demand for Arbitration is required to be executed and served on GDI. Service of the Demand for Arbitration on GDI can be mailed to GDI Legal Department, 5592 Ferrier St, Mount Royal, Quebec H4P 1M2, pursuant to the instructions provided by AAA or CAA to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at https://adr.org/sites/default/files/Consumer%20Rules.pdf (for the AAA) and at https://canadianarbitrationassociation.ca/?page_id=17 (for the CAA).
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.
Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, provincial or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. For US Citizens, the arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. Notwithstanding anything to the contrary, GDI will pay all fees and costs that we are required by law to pay.
YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
(iii) SPECIAL ADDITIONAL PROCEDURES FOR MASS ARBITRATION. If twenty-five (25) or more similar claims are asserted against GDI by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process. Counsel for the claimants and counsel for GDI shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired Quebec Superior Court or federal court judge, and GDI shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired Quebec Superior Court or federal court judge, and GDI shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the relevant Arbitration Association (AAA or CAA) in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, GDI agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section where a Notice of Dispute or Demand for Arbitration has been submitted, from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against GDI. Should a court of competent jurisdiction decline to enforce these "Special Additional Procedures for Mass Arbitration," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the relevant Arbitration Association (AAA or CAA) to address reductions in arbitration fees.
(iv) NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR ARBITRATE ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, unless both you and GDI expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.
If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by the Superior court of Quebec. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or provincial court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or provincial court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(v) Except as specifically provided in this section (i.e., the Additional Procedures for Mass Filings), if any part or parts of the mandatory informal dispute resolution process, arbitration agreement, class action waiver, is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this section shall continue in full force and effect. The mandatory informal dispute resolution process, arbitration agreement, and class action waiver will survive the termination of these terms.
