Checkout

AGREEMENT OF TERMS

These Terms of Use create a legal agreement between you, whether an individual or representing an entity (“you”), and Jouri Fashion, its affiliates, and subsidiaries (“Jouri”, “we”, “us”, or “our”). This agreement pertains to your usage of the Jouri website (https://www.jourifashion.com), the Jouri Mobile App, and any connected media forms, channels, mobile websites, or applications (collectively, the “Sites”). By accessing the Sites, you confirm that you have read, understood, and consented to be bound by all these Terms of Use. If you do not agree with any aspect of these Terms of Use, please refrain from using the Sites and discontinue your use immediately.

Additional terms or documents posted on the Sites are expressly incorporated herein. We retain the right, at our sole discretion, to modify or amend these Terms of Use at any time and for any reason. Notification of changes will be made by updating the “Last updated” date, and you waive the right to receive specific notice for each modification. It is your responsibility to regularly review these Terms of Use for updates. Your continued use of the Sites after any changes constitutes acceptance of the modified Terms of Use.

The information on the Sites is not intended for distribution or use in any jurisdiction where such actions would violate local laws. Users accessing the Sites from other locations do so voluntarily and are solely responsible for compliance with applicable local laws.

Please note that the Sites are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subjected to such laws, you may not use the Sites. Additionally, the Sites may not be used in violation of the Gramm-Leach-Bliley Act (GLBA).

The Sites are designed for users aged 18 and above. Individuals below this age are not allowed to use or register for the Sites.

INTELLECTUAL PROPERTY RIGHTS

Jouri’s digital domain, the Sites, stands as our exclusive property, encompassing source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics – collectively referred to as the “Content.” The trademarks, service marks, and logos embedded within (the “Marks”) are either owned or under our control, licensed to us, and safeguarded by the intellectual property laws of Canada, the United States, international copyright laws, and global conventions governing unfair competition. Both the Content and Marks are presented on the Sites “AS IS” for your personal use and informational purposes only. Beyond what is explicitly granted in these Terms of Use, no facet of the Sites, including the Content or Marks, may be commercially exploited, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or licensed without our express written consent. Eligible users are granted a limited license to access and use the Sites, downloading or printing sections of the Content for personal, non-commercial use. All ungranted rights remain exclusively reserved by Jouri in connection to the Sites, the Content, and the Marks.

USER REPRESENTATIONS

Upon engaging with the Sites, you affirm and guarantee that: (1) all information submitted during registration are truthful, precise, up-to-date, and comprehensive; (2) you commit to maintaining the accuracy of this information, updating it promptly when necessary; (3) possessing the legal capacity, you consent to abide by these Terms of Use; (4) you are not a minor in your residing jurisdiction; (5) you will not employ automated or non-human methods, including bots or scripts, to access the Sites; (6) the Sites will not be utilized for any illegal or unauthorized activities; and (7) your utilization of the Sites will not contravene any applicable laws or regulations. In the event that you provide information found to be false, inaccurate, outdated, or incomplete, we retain the authority to suspend or terminate your account, disallowing any present or future use of the Sites or its portions.

ACCOUNT SETUP

Registration and account setup may be required with the Sites to access certain features. It is your responsibility to maintain the confidentiality of your password, and you are accountable for all activities carried out using your account and password. We retain the right, at our sole discretion, to alter, retrieve, or modify any username you choose if we conclude that the username is inappropriate, obscene, or objectionable.

PRODUCT DETAILS

We strive to present the colors, features, specifications, and details of our products on the Sites as precisely as possible. However, we cannot ensure that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. Please note that your electronic display may not perfectly replicate the actual colors and intricacies of the products. Availability of all products is contingent, and we do not guarantee the continuous stock of items. Jouri reserves the right to halt the availability of any product at any time and for any reason. Prices for our products are subject to change.

PAYMENTS

When using a credit card or any accepted payment method, you affirm and guarantee that you have the authority to use the chosen payment method. By placing an order, you grant us (or our third-party payment processor) the authorization to debit your payment method for the entire order amount, covering all relevant charges, including taxes.

Should your provided payment method fail verification, be deemed invalid, or for any other reason deemed unacceptable, your order may be temporarily suspended or cancelled. Any issues encountered must be promptly resolved to facilitate the continuation of your order.

To ensure smooth transactions, you commit to providing up-to-date, accurate information for both purchases and your account. Please promptly update details such as email address, payment method, and card expiration date. Sales tax, as required, will be applied to the purchase price, with the flexibility for us to adjust prices when necessary. All payments will be processed in the currency(ies) indicated on the Sites.

By placing an order, you authorize us to charge your selected payment method for the total amount, covering the purchase, applicable taxes, and any relevant shipping fees. We retain the right to rectify pricing errors or inaccuracies, even if payment has been initiated.

Jouri holds the discretion to reject any order made through the Sites. Additionally, we may, at our sole discretion, set limitations on quantities per person, household, or order, including those placed under the same customer account, payment method, or sharing a billing or shipping address. We also reserve the right to restrict orders that, in our judgment, seem to originate from dealers, resellers, or distributors.

PROHIBITED CONDUCT

Your interaction with the Sites must align with the intended purposes for which they are provided, and any commercial activities must be expressly endorsed or approved by us. As a user, you commit not to:

• Systematically gather data or content from the Sites without our written permission.
• Employ the Sites for unauthorized purposes, including the collection of usernames or email addresses for unsolicited emails or the creation of user accounts through automated or deceptive means.
• Utilize a buying agent to make purchases on the Sites.
• Advertise or offer goods and services on the Sites.
• Circumvent, disable, or disrupt security features or any mechanisms that restrict the use or copying of Content on the Sites.
• Engage in unauthorized framing or linking to the Sites.
• Deceive, defraud, or mislead us or other users, especially in attempts to acquire sensitive account information.
• Improperly use support services or submit false reports of abuse.
• Employ automated scripts, data mining tools, robots, or similar technologies for automated use.
• Disrupt or burden the Sites or associated networks and services.
• Attempt to impersonate another user or person.
• Sell or transfer your profile.
• Harass, abuse, or harm others using information obtained from the Sites.
• Use the Sites in competition with us or for any revenue-generating enterprise.
• Reverse engineer or attempt to decipher the software components of the Sites.
• Bypass measures designed to prevent or restrict access.
• Harass, intimidate, or threaten our employees or agents.
• Remove copyright or proprietary rights notices from Content.
• Copy or adapt the Sites’ software.
• Transmit viruses, Trojan horses, or disruptive materials.
• Employ mechanisms for information collection, such as spyware or passive collection mechanisms.
• Use automated systems that interfere with the Sites.
• Disparage, tarnish, or harm us or the Sites.
• Use the Sites in violation of applicable laws or regulations.

USER SUBMITTED CONTENT AND CONTRIBUTIONS

The Jouri platform may encourage you to engage in discussions, contribute to blogs, participate in message boards or online forums, and utilize other interactive features, granting you the opportunity to create, submit, post, or share various content and materials on the platform (“Contributions”). This encompasses text, videos, audio, photographs, graphics, comments, suggestions, personal information, and other materials. Please be aware that Contributions may be visible to other users of Jouri and even on external websites. Hence, any Contributions you transmit should be considered non-confidential and non-proprietary. When making Contributions, you assert and guarantee the following:

• Your Contributions do not violate the rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
• You are the rightful creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize Jouri, the platform, and fellow users to use your Contributions as outlined by the platform and these Terms of Use.
• You have obtained written consent, release, and/or permission from every identifiable individual in your Contributions to use their name or likeness as per the platform’s guidelines and these Terms of Use.
• Your Contributions are accurate and truthful.
• Your Contributions are not unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any form of unauthorized solicitation.
• Your Contributions are not offensive, violent, harassing, obscene, lewd, lascivious, libelous, slanderous, or otherwise objectionable, as determined by Jouri.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not advocate violence against governments or threaten physical harm to others.
• Your Contributions adhere to all applicable laws, regulations, and rules.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not solicit personal information from individuals under the age of 18 or exploit minors in a sexual or violent manner.
• Your Contributions do not breach any laws concerning child pornography or intended to protect the well-being of minors.
• Your Contributions do not include offensive comments related to any Prohibited Ground.
• Your Contributions do not otherwise violate any provision of these Terms of Use, or any applicable law or regulation.

Any misuse of the platform in contravention of the above violates these Terms of Use and may lead to consequences such as the termination or suspension of your rights to use Jouri.

LICENSE FOR CONTRIBUTIONS

When you post or make your Contributions accessible on any section of the Jouri platform, whether by linking your account to social networking accounts or otherwise, you automatically grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license. This license includes the right to host, use, copy, reproduce, sell, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute your Contributions for any purpose, be it commercial, advertising, or otherwise. Additionally, this license covers the creation of derivative works or the incorporation of your Contributions into other works, along with the granting and authorization of sublicenses of these rights. This usage and distribution can occur through any media formats and channels, existing or developed in the future.

This license encompasses all forms, media, or technologies known or developed in the future. It includes the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and personal or commercial images you provide. You explicitly waive all moral rights in your Contributions, and you confirm that moral rights have not been asserted in your Contributions.

It’s important to note that we don’t claim ownership over your Contributions. You retain full ownership and all intellectual property rights, or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions, and you agree to hold us harmless from all responsibility, refraining from taking legal action against us regarding your Contributions.

In our sole discretion, we reserve the right to edit, redact, or otherwise modify any Contributions, re-categorize them for more appropriate placement on the Jouri platform, and pre-screen or delete any Contributions at any time and for any reason, without prior notice. While we have no obligation to monitor your Contributions, we retain the right to manage them to ensure compliance with our platform standards.

REVIEWS GUIDELINES

Jouri provides designated areas on its platform for user reviews and ratings. To ensure constructive and respectful engagement, please adhere to the following criteria when posting reviews: (1) Share firsthand experiences; (2) Refrain from using offensive, racist, or hate language; (3) Avoid discriminatory references; (4) Steer clear of mentioning illegal activities; (5) Maintain impartiality, especially if affiliated with competitors; (6) Refrain from making legal conclusions; (7) Ensure accuracy and honesty in your statements; and (8) Do not organize campaigns to solicit reviews. Jouri reserves the right to accept, reject, or remove reviews at its discretion. It is not obligated to screen or delete reviews, and they do not necessarily reflect Jouri’s opinions. Reviews are not endorsed by Jouri, and Jouri assumes no liability for them. By posting a review, you grant Jouri the right to reproduce, modify, and distribute the content perpetually.

SUBMISSIONS

You acknowledge and consent that any inquiries, remarks, recommendations, concepts, input, or additional information about the Sites (“Submissions”) that you provide to us are not confidential and will become solely our possession. We acquire exclusive rights, encompassing all intellectual property rights, and have the right to freely use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without recognizing or compensating you. You explicitly relinquish all moral rights to such Submissions and confirm that they are either original to you or that you possess the right to submit them. You agree not to hold us accountable for any alleged or actual violation or misappropriation of any proprietary right in your Submissions.

THIRD PARTY CONTENT

The Sites might feature links to other websites (“Third-Party Websites”) and incorporate content from third parties (“Third-Party Content”). We do not scrutinize, supervise, or verify the accuracy, suitability, or completeness of such Third-Party Websites and Third-Party Content. We disclaim responsibility for any Third-Party Websites accessed through the Sites or any Third-Party Content posted on, available through, or installed from the Sites, including the content’s accuracy, appropriateness, opinions, reliability, and privacy practices. The inclusion, linking, or permission for use of any Third-Party Websites or Third-Party Content does not signify our approval or endorsement. If you opt to visit Third-Party Websites or use/install Third-Party Content, you do so at your own risk, as these Terms of Use no longer apply. You should scrutinize the relevant terms, policies, privacy practices, and data gathering procedures of any website you visit from the Sites. Purchases made through Third-Party Websites are solely between you and the third party, and we bear no responsibility for such transactions. You acknowledge that we don’t endorse products or services on Third-Party Websites, and you hold us harmless for any harm arising from your interaction with Third-Party Content or Websites.

SITE ADMINISTRATION

We retain the right, though not the obligation, to: (1) scrutinize the Sites for breaches of these Terms of Use; (2) take suitable legal action against individuals who, at our sole discretion, infringe the law or these Terms of Use, including, but not limited to, reporting such users to law enforcement authorities; (3) at our sole discretion and without restrictions, deny, limit access to, curtail availability, or deactivate (to the extent technologically possible) any of your Contributions or any part thereof; (4) at our sole discretion and without restrictions, notice, or liability, eliminate from the Sites or otherwise deactivate all files and content that are excessively large or in any way burdensome to our systems; and (5) otherwise administer the Sites in a way intended to safeguard our rights and property and to facilitate the proper operation of the Sites

INFRINGEMENT OF COPYRIGHT

In your engagement with the Sites, you are prohibited from posting, altering, distributing, or reproducing any content that is copyrighted material owned by others without obtaining their prior written consent. This includes the submission of any design. Jouri retains the discretion to remove any content if it is believed to infringe on the copyright rights of others and/or to terminate the accounts of users suspected of infringement.

If you believe that your work has been copied or posted on the Sites in a manner constituting copyright infringement, please send us a written communication that includes the following details (consult your legal counsel or applicable law to confirm these requirements):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed or, for multiple works at a single online site, a representative list of such works.
• Identification of the material claimed to be infringing or to be the subject of infringing activity, with information sufficient to permit the service provider to locate the material.
• Information to allow the service provider to contact the complaining party, including an address, telephone number, and, if available, an email address.
• A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

Please send this notice to us at the address below, attention “General Counsel.” Note that knowingly materially misrepresenting that material or activity is infringing may result in liability.

TERM AND TERMINATION

Your engagement with the Sites is governed by these Terms of Use for the duration of your use. While not limiting other provisions herein, we hold the sole discretion, without notice or liability, to deny access and usage of the Sites (including blocking specific IP addresses) to any individual for any reason or no reason. This includes, but is not limited to, violation of representations, warranties, covenants in these terms, or applicable laws and regulations. We reserve the right to terminate your use of the Sites, delete your account, and remove any content you posted, without notice, at any time and at our sole discretion.

Upon termination or suspension of your account, you are forbidden from registering a new account under your name or any third party’s name, whether genuine, false, or borrowed, even if you are acting on behalf of a third party. Alongside terminating or suspending your account, we retain the right to initiate appropriate legal action, encompassing civil, criminal, and injunctive remedies.

UPDATES AND INTERRUPTIONS

We retain the right to alter, amend, or eliminate the content on the Sites at our sole discretion and without prior notice. While we are not obligated to update the information, we will not be responsible for any consequences resulting from modifications, price adjustments, suspensions, or terminations of the Sites. The continuous availability of the Sites cannot be guaranteed, and interruptions, delays, or errors may arise due to hardware, software, or maintenance issues. We may, without notice, change, revise, update, suspend, or discontinue the Sites, and you acknowledge that we bear no liability for any losses or inconveniences caused by your inability to access or use the Sites during such periods. These Terms of Use do not impose an obligation on us to maintain, support, or provide corrections, updates, or releases for the Sites.

APPLICABLE LAW AND JURISDICTION

These terms are governed by the laws of Canada. You and Jouri agree that any dispute arising in connection with these terms shall be exclusively resolved by the courts sitting in the City of Toronto, Ontario, Canada. Jouri maintains the right to initiate proceedings in the courts of the country where you reside. If these terms are entered into in the course of your trade or profession, Jouri may also bring proceedings in the state of your principal place of business.

SITE IMPROVEMENTS AND CORRECTIONS

Jouri is dedicated to enhancing the accessibility and user-friendliness of our Sites and Content for everyone. If you encounter challenges in viewing or navigating the Content or have suggestions to enhance accessibility, please reach out to us.

It’s possible that the Sites may include information with typographical errors, inaccuracies, or omissions related to offerings such as descriptions, pricing, and availability. We retain the right to rectify these errors, inaccuracies, or omissions and to modify or update the information on the Sites without prior notice.

DISCLAIMER

The Sites are provided on an as-is and as-available basis. You agree that your use of the Sites’ services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Sites and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Sites’ content or the content of any websites linked to the Sites, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Sites, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Sites, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Sites by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Sites. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Sites, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIABILITY LIMITATIONS

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Sites, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising or $400.00 USD. Certain jurisdictions’ laws and international laws do 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 or limitations may not apply to you, and you may have additional rights.

USER INDEMNITY

You agree to protect, indemnify, and absolve us, along with our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought by any third party due to or resulting from: (1) your Contributions; (2) use of the Sites; (3) violation of these Terms of Use; (4) any breach of your representations and warranties as outlined in these Terms of Use; (5) infringement upon the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Sites with whom you connected via the Sites. Nevertheless, we retain the right, at your cost, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to collaborate, at your expense, with our defense of such claims. We will make reasonable efforts to inform you of any such claim, action, or proceeding subject to this indemnification upon our awareness of it.

DATA SUBMISSION

By uploading, transmitting, or entering any data, information, records, or files onto the Site (“User Data”), you provide us with an irrevocable, global, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license. This license allows us to access, collect, store, and utilize the User Data for two main purposes: (i) advancing and improving the Site, and (ii) generating data, information, or materials that are not specifically linked to an individual or company, known as “Aggregated Statistical Information.” We possess the liberty to create, employ, and disclose Aggregated Statistical Information for any purpose without any associated obligations.

DIGITAL INTERACTIONS AND TRANSACTION

Your interactions on the Sites, including visiting, emailing us, and completing online forms, are considered electronic communications. You give your consent to receive electronic communications, acknowledging that all agreements, notices, disclosures, and other communications provided to you electronically, either via email or on the Sites, fulfill the legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions, whether initiated or completed by us or through the Sites. By doing so, you waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction mandating an original signature, or the delivery or retention of non-electronic records, payments, or the granting of credits through means other than electronic methods.

MISCELLANEOUS

These Terms of Use, along with any posted policies or operating rules, constitute the comprehensive agreement between you and us. Our failure to enforce any right or provision does not waive that right. These Terms operate to the fullest extent allowed by law. We can assign our rights and obligations. We aren’t responsible for delays beyond our control. If any provision is deemed unlawful or unenforceable, it’s considered separate and doesn’t affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship is created. You agree not to construe these Terms against us. You waive defenses based on the electronic form of these Terms.

CONTACT US
Please contact us at: contact@jourifashion.com

UPDATES TO TERMS OF USE
Terms of Use updated: January 01, 2024