Terms and Conditions of Use
Updated: January 1st, 2015
Please read the Terms and Conditions of Use carefully before using this website.
Your use of ShopClek is expressly conditioned on your acceptance without modification of the terms and conditions (the "Terms and Conditions") described on this page and in any other part of this website. You are deemed to agree to these Terms and Conditions, even if you have not read them. By using this website, you agree to these Terms and Conditions and that you understand and assume any risks related to the use of this website. If you do not agree to these Terms and Conditions, do not use this website.
Clek may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the ShopClek website. Your continued use of the ShopClek website signifies your acceptance of such revised Terms and Conditions, therefore it is advised that you periodically check the Terms and Conditions page of the website for revisions and updates.
The ShopClek website, its design, all information, text, images, graphics, content, video, audio and the selection, layout and arrangement thereof are the property of Clek, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of the United States of America and other countries. None of the content found on ShopClek may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Clek.
Clek, ShopClek and all other Clek related trademarks, trade names, service marks, design marks, corporate logos and emblems displayed on ShopClek (collectively, the "Trademarks") are registered and common law trademarks of either Clek or one of its affiliates. Other trademarks, trade names, service marks, design marks, corporate logos and emblems appearing on this website are the intellectual property of their respective owners and have been used with their permission. Nothing contained on ShopClek should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Clek or such other party that may own the applicable trademarks.
Use of Site
Neither the ShopClek website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Clek, except that you may download, display and print the content presented on ShopClek for your personal, non-commercial use only. Unauthorized use of ShopClek and/or the content contained on ShopClek may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of such content on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In its sole discretion, in addition to any other rights or remedies available to Clek and without any liability whatsoever, Clek at any time and without notice may terminate or restrict your access to any component of ShopClek.
User Name and Password
Certain features or services offered on or through the website may require you to open an account. Your ShopClek website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Clek representative. Clek recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Clek, and may be cancelled or suspended at any time by Clek without any notice or liability to you or any other person. Clek is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Clek of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Non-Confidential Use of Customer Feedback
Clek enables visitors to ShopClek to provide Clek with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Clek a non-restricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Clek the right to use the name you submit with the Customer Content, if any, in connection with Clek‘s rights hereunder.
Purchases; Additional Terms
All advertisements on the ShopClek website are merely invitations for you to order goods or services from Clek, and are not offers to sell by Clek. A correctly completed Review and Submit page delivered by you to Clek constitutes your offer to purchase the goods or services listed in your order. Your order shall be deemed to be accepted only at the point when Clek sends a shipping confirmation email to the email address you provided.
Additional terms and conditions may apply to purchases of products and services and to specific portions or features of this website, all of which terms and conditions are made a part of these Terms and Conditions. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the website or the specific service. Clek's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.
Clek may make changes to any products or services offered on this website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the website with respect to products and services may be out of date, and Clek makes no commitment to update the materials on the website with respect to such products and services. Clek reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Clek believes that customer conduct violates applicable law or is harmful to the interests of Clek or any Third Parties.
Products may be purchased for delivery to an address located in the US only. All sizes quoted are approximate. All prices quoted are payable in the currency indicated and, unless otherwise stated, do not include shipping charges or sales tax.
Except as expressly provided in these Terms and Conditions as amended from time to time, Clek and the Third Parties make no representations or warranties of any kind, express or implied, regarding ShopClek and/or any content provided on ShopClek, all of which are provided on an "as is" and "as available" basis. Clek and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of ShopClek, or any of the content or data found on ShopClek, and expressly disclaim all warranties and conditions in respect of ShopClek, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Clek and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Clek and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on ShopClek or your downloading of any materials, data, text, images, video or audio from ShopClek.
In no event shall Clek or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of ShopClek or content found herein, the operation of the website, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of ShopClek for purchases) even if advised of the possibility of damages. If, notwithstanding the foregoing, Clek or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of ShopClek or its content, the liability of Clek and the Third Parties shall in no event exceed in the aggregate $250 USD.
Some jurisdictions do not allow limitations of liability, so the foregoing limitations may not apply to you.
You shall indemnify and save harmless Clek and the Third Parties and their respective officers, directors, shareholders, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of or in connection with your use of ShopClek.
The ShopClek website contains links to websites owned or operated by other entities which are not associated or affiliated with Clek or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Clek or the Third Parties of the linked website or information contained therein or of their security or privacy practices. Clek and the Third Parties shall not be responsible for the content of any other linked websites and make no representation or warranty regarding any other websites or the contents on such websites. If you decide to access other websites, you do so at your own risk. Framing of the ShopClek website or any of its content in any form and by any method is strictly prohibited.
The relationship between Clek and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of ShopClek.
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of clekinc.com and these Terms and Conditions.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Clek as set forth above.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English.