Samsonite Canada - Terms and Conditions

Terms of Use for the Samsonite.ca Web Site

Welcome. We are delighted to welcome you to Samsonite.ca, the web site (the "Site") of Samsonite Canada Inc. ("Samsonite Canada"). Please understand that this Site is offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the "Agreement"). By using this Site, you are accepting this Agreement in its entirety. If you do not agree to these terms and conditions of use, please do not use this Site. From time to time, when you use particular Samsonite Canada services or buy Samsonite or American Tourister products on this Site, you will come upon additional guidelines, rules, and policies applicable to such services or products which may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of this Site. We ask you to take the time to read this Agreement carefully. The terms and conditions of this Agreement may be amended from time to time by Samsonite Canada by posting such change at the Site. Use by you after a change to these terms and conditions has been so posted by Samsonite Canada shall constitute acceptance by you of such changed terms. If you do not wish to accept such changes, please do not use this Site. This Agreement was last revised on February 5th 2010.

Use Limitations. Samsonite Canada prepared this Site for your personal and non-commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is not permitted.

Territory. This Site is for the use of individuals located in Canada (the "Territory"). We are sorry, but orders or requests for information or services from outside Canada will not be filled. If you are accessing this Site from outside Canada, and are interested in Samsonite or American Tourister products or for more information about Samsonite, please check www.Samsonite.com for a Samsonite Store applicable to your location.

Liability Disclaimer. The information and other material published on this Site may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Samsonite Canada reserves the right to change the Site at any time, in its discretion. Samsonite Canada does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. Samsonite Canada and its subsidiaries and affiliates shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.

Limited Warranties for Samsonite and American Tourister products purchased through the on-line ordering features are set out in the Customer Service section on this Site.

Except for the foregoing limited warranties, Samsonite Canada makes no representations or warranties about the information, software, materials, products or services contained or discussed on this site for any purpose. All such information, software, materials, products or services are provided "as is" to the fullest extent permissible by law without warranty of any kind and all warranties, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, are expressly disclaimed. In no event shall Samsonite Canada be liable for any direct, indirect, punitive, incidental, special or consequential damages or lost profits arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information, materials, software, products and services obtained through this site or through hypertext links to third party sites or for any breach of security associated with the transmission of sensitive information through the site or any linked web site, even if Samsonite Canada and/or its affiliates or subsidiaries have been advised of the possibility of such damages and even if such damages result from Samsonite Canada’s negligence or gross negligence. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Samsonite Canada’s liability shall be limited to the fullest extent permitted by law. Samsonite Canada does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or information displayed or distributed through the site. You acknowledge that any reliance upon such opinion, advice, statement or information shall be at your sole risk. Samsonite Canada reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Samsonite Canada does not and cannot review all materials, if any, posted to the site by users, and Samsonite Canada is not responsible for any such materials posted by users. However, Samsonite Canada reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Samsonite Canada's sole discretion are objectionable or in violation of this agreement.

Additional disclaimers appear within the body of the site and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of this site or the material therein, such greater restrictions shall apply.

No unlawful or prohibited use. Please note that we require of you, as a condition of your use of this Site, that you will not use this Site or post any information or material on this Site, for any purpose or in any manner that is unlawful, violates any third party's rights, or is prohibited by these terms, conditions and notices. You understand that Samsonite Canada may suspend or terminate your access to its site in its discretion if you violate this provision or any other provision of these Terms of Use and may also delete all or any portion of any material you post.

Links to third party sites. This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. Samsonite Canada is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such Sites or any association with their operators. Samsonite Stores reserves the right to de-link from any and all third party sites at any time. Third parties wishing to link to this Site should do so only to the Site's home page. No use of Samsonite Canada’s trademark may be made in connection with such link without Samsonite Canada’s approval and Samsonite Canada reserves the right to bar such link at any time. This Site is not for children under thirteen years of age.

On-line ordering of services and goods. Samsonite Canada may from time to time offer you the opportunity to purchase certain services and products through the Site. Such purchases are subject to certain terms and conditions, which appear when you elect to purchase such goods and services, in addition to those set forth otherwise in these Terms of Use. Samsonite Canada will not ship products or provide services to those located outside of the Territory, in jurisdictions that do not permit the application of these Terms of Use or to locations in which the shipment or provision of such products or services would be prohibited.

Monitoring. In order to better serve you, Samsonite Canada may monitor your use of this Site, subject to the terms of Samsonite Canada’s privacy policy. In the event Samsonite Canada becomes aware of any material on the Site, whether provided by you or otherwise, that is potentially infringing, defamatory, a violation of law or a person or entity's rights, or otherwise problematic in Samsonite Canada’s discretion, Samsonite Canada may remove such material without any liability to you whatsoever.

Use of information and suggestions provided by you regarding this Site. In the event you provide to Samsonite Canada or post any material, information, suggestions or comments on or through the Site about the Site, the way in which Samsonite Canada conducts its business, or the operation of the Site, Samsonite Canada reserves the right to use such material, information, suggestions or comments in its discretion, with no compensation or credit to you. You hereby grant to Samsonite Canada a nonexclusive, perpetual, worldwide, royalty free license to utilize and publish such information and material, in whole or in part. However, use by Samsonite Canada of information by which you may be identified (such as your name, address and telephone number), will be governed by Samsonite Canada’s Privacy Policy, and discussed below.

Use of your suggestions to Samsonite Canada regarding new products, features or processes. Samsonite Canada, as a company that is always in the process of developing new products, product features, and processes, has an established invention submission policy. Most of the suggestions and ideas regarding new products, product features and processes Samsonite Canada receives from the public duplicate ideas Samsonite Canada has already developed or is in the process of developing. To avoid undue disappointment and misunderstandings, Samsonite Canada has a strict policy of not accepting suggestions and ideas regarding potential products, product features or processes from persons outside the company for review and consideration unless such persons agree to certain terms. Therefore, do not send any submissions to Samsonite Canada unless you agree to the following terms:

(a) A submission will not in any way establish a confidential relationship nor will it place Samsonite Canada in the position of receiving a submission in trust; and Samsonite Canada shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.

(b) Samsonite Canada shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.

(c) No obligation is assumed by Samsonite Canada or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Samsonite Stores and by you, and then Samsonite Canada’s obligations shall be only as expressed in that written agreement.

Changes in Site. Please be aware, that, like all Internet sites, this Site is a work in progress. Therefore, Samsonite Canada may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. Samsonite Canada may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

Your representations and warranties. You represent, warrant and covenant that:

(a) you shall not upload from, post or transmit to, or distribute or otherwise publish through the Site any materials which (I) restrict or inhibit any other user from using the Site,
(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,
(v) contain a virus or other harmful component,
(vi) contain advertising of any kind,
(vii) are false regarding you, or
(vii) constitute or contain false or misleading indications of origin or statements of fact;

(b) all information you provide about yourself shall be true and accurate;

(d) you shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or similar payment mechanisms; and

(e) when using this Site you will be located within the Territory.

Your password. In the event your activity on the Site requires the use of a password, please keep this password in a safe place. You agree to keep any password that you may be given during your use of the Site secret and not to share it with anyone. Should you share your password with anyone or fail to take reasonable steps to keep it secure, you shall be responsible for all activity conducted with your password.

Your indemnification. You hereby agree to indemnify, and hold Samsonite Canada, and all its officers, directors, owners, agents, employees, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. Samsonite Canada shall have the right to defend, settle and compromise any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof. You shall not in any event settle any matter without the written consent of Samsonite Canada.

Privacy Policy. We respect and abide by all privacy laws in Canada. For more information please see Privacy Policy. You hereby agree to Samsonite Canada’s Privacy Policy, which is hereby incorporated into this Agreement, in which we detail the ways in which we might utilize personal information coming from you. Please keep in mind when you post any information on the Site, including, without limitation, in the interactive sections, that the information you post, whether about yourself or others, may be viewed by others. Use good sense and prudence in determining the extent of personal information you wish to make available to others.

User Generated Content. Samsonite Canada may include a product feedback function or other similar interactive portion of the Site on which you may be encouraged to post material and information. You understand that your use of the user generated content tools is subject to these Terms of Use, including, without limitation your warranties, representations and obligations of indemnification set forth herein. Samsonite Canada reserves the right but does not assume any obligation to refuse to permit material to be posted, to edit, remove and use any information you’ve submitted in its discretion and you waive any claim against Samsonite Canada in connection therewith. Any information you post on such may be viewed by other users and thus we at Samsonite Canada strongly recommend that you use prudence and caution in selecting the information and material you post, including, without limitation, material about yourself and others or information that identifies you or others. You agree not to use the personal information of other users of the Site, whether or not posted, other than for the purpose for which such information was provided to you by such user, but in any case for no unlawful or offensive purpose.

Questions, Complaints, Comments or Service Contact.

(a) Technical Questions. If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact: canada_webmaster@Samsonite.com.

(b) Concerns about possible infringement or inappropriate conduct or content on the Site. If you believe that certain software, information or other content on the Site violates your rights or the rights of others, or if you believe that another user is violating the terms of this Agreement, please feel free to contact us at canada_webmaster.com.

Termination.

(a) Termination by Samsonite Canada. Samsonite Canada may at any time, without prior notice and at its sole discretion, terminate this Agreement, in whole or in part, with or without cause and with no obligation of prior notice to you.

(b) Your remedy. You may terminate this Agreement at any time by ceasing to use the Site. Your sole remedy against Samsonite Canada in the event of dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement.

(c) Your Data. In the event of termination of this Agreement, Samsonite Canada may delete and/or store in its discretion, data associated with your use of the Site.

Assignment. Your rights and obligations under this Agreement and in using the Site are not assignable.

Governing Law. By visiting the Samsonite.ca site, you agree that the laws of the province of Ontario, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Samsonite Canada or its affiliates.

Legal Process. This Agreement is subject to existing laws and legal process. Nothing in this Agreement shall derogate Samsonite Canada’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Samsonite Canada with respect to such use.

Invalidity. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement. This Agreement contains the entire agreement between you and Samsonite Canada with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Samsonite Canada with respect to this Site.

Webmaster
Samsonite Canada Inc.
753 Ontario Street
Stratford, ON N5A 6V1