La Maison Simons Inc. welcomes you to our Website. In this document, “Website” is used to define all online properties and their domains, including the Simons application. Please read the following Website Terms of Use before using the Website or any of the Services available through the Website. By accessing and using the Website or the Services, you agree to be bound by these Terms of Use in their entirety. If you do not agree with these Terms of Use, you should not access the Website or download any part of its Content.

The Website is owned and operated by Simons. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names, and other information (collectively, the “Content”) contained in this Website are proprietary to Simons, its affiliates, and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer, or sell any Content without the express prior written consent of Simons. You may download, print, and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Simons. To obtain written consent for such reproduction, please contact us by email.

Unless otherwise specified, our Website is for your personal and non-commercial use and for purely informational and entertainment purposes.

Although Simons takes all possible steps to ensure the accuracy of the information included in this Website, no assurance is given that information or material on this Website is up-to-date, accurate, error-free, or complete. Simons takes no responsibility for errors or omissions in the content of this Website, including those relating to product descriptions, pricing, and availability. We reserve the right to correct, change, or update information at any time without prior notice. Your sole remedy for the purchase of any product on the Website is to return it for a full or partial refund as set forth in the Refund Policy.

Dates of the current offers, prices, and availability of goods on the Website may be changed without notice. We work hard to show only the available articles and to resupply stocks regularly. However, it may happen that we run out of stock of certain colours or sizes of items in our inventory when the order is placed. Once your order is processed, you will receive an order confirmation with the date of receipt of your order, the availability, and the price of each article ordered. From time to time, we may have to cancel an order placed through our Website if, for example, the merchandise ordered unexpectedly becomes unavailable for shipment.

While we try as hard as possible to meet your needs, we reserve the right to revise any price or inaccurate description and to cancel or refuse any order with an inaccurate price or description. These corrections can be made even after an order has been accepted.

In Canada, Simons collects sales tax for products ordered on this Website. The rate of sales tax that will apply to an order is dependent on the delivery address of the order. The 5% GST (Goods and Services Tax) is added to all orders in every province except for the following provinces in which the HST (Harmonized Sales Tax) is added to all orders: New Brunswick, Newfoundland and Labrador, Nova Scotia (15%), Ontario (13%), and Prince Edward Island (14%). In addition, provincial sales tax is added to all orders in the province of Quebec (9.975%), in British Columbia (7%), in Manitoba (8%), and in Saskatchewan (6%). Tax exemptions for books, children's clothing, and food are also calculated according to existing provincial rules. The sale of a gift card is not taxable. When a gift card is used to pay for a purchase, it is treated as a payment method similar to cash. Therefore, sales taxes must be calculated on the price of each item sold before the value of the gift card is deducted.

To access certain portions of the Website, you may be asked to complete an online registration form.

In consideration for your use of this Website and the Services provided on it, you agree to provide true, current, complete, and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

As part of the registration process, you may be asked to provide a user name or password. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify Simons of any unauthorized use of your password or user name or any other breach of security.

You may have the opportunity to upload, publish, display, or otherwise post information, ideas, and opinions on the Website through product reviews, responses, feedback, or other material (collectively, “User Content”) posted to the Website.

By choosing to access the Website and/or by submitting User Content, you agree to abide by all applicable federal, provincial, territorial, and other laws and regulations, the other conditions of these Terms of Use, and any other rules which may be published from time to time by Simons. In addition, without limiting the foregoing, you agree not to:

A. upload, post, e-mail, or otherwise transmit any User Content that:

	i. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
	ii. infringes any patent, trade-mark, trade secret, copyright, or other proprietary or privacy rights of any third party;
	iii. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or
	iv. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program, or code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

B. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including email addresses, without the express consent of such users;

C. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;

D. impersonate any person or entity including, but not limited to, a Simons employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

E. attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;

F. interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies, or procedures of such networks; and

G. use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website. The foregoing is hereinafter collectively referred to as the “Code of Conduct.”

You are solely responsible for all User Content that you upload, publish, provide a link to, or display (hereinafter, “post”) on or through the Website. You may not publish User Content on the Website that you did not create or that you do not have permission to post.

Simons is not responsible for User Content and will not have any liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Simons may, but is not obligated to, monitor or review activity on the Website and any User Content and may block, edit, delete, or remove (without notice) any User Content at its sole discretion. Simons reserves the right to terminate the privilege of any user to post User Content or to participate in other Simons Services if such users violate these Terms of Use and/or the Code of Conduct.

By submitting any User Content to the Website you grant Simons a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to use, reproduce, modify, edit, publish, create derivative works from, translate, license, publicly perform, and display the User Content (in whole or in part) for any purpose whatsoever and/or to incorporate it in other works in any form, media or technology now known or later developed, without your prior approval, and you further waive any “moral rights” that you may have in the User Content. In addition, by submitting the User Content to Simons, you represent and warrant that you own and control all rights in and to the User Content and that you have the right to grant the foregoing rights to Simons. User Content represents the views and opinions of the person(s) submitting same.

You acknowledge that Simons may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that email messages, message board postings, or other User Content will be retained on the Website. You agree that Simons has no responsibility or liability for the deletion or failure to store any messages, other communications or User Content maintained on or transmitted by the Website. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website.

Simons strives to provide to the public product reviews of the highest quality and integrity. We encourage honest and respectful communication. Therefore, in addition to complying with the Code of Conduct, if you submit a product review you hereby agree:

• not to post a product review unless you own or have used the product;
• to post only one review for each product (unless you are providing new information);
• not to include insults, personal attacks or inflammatory language in a product review; and
• not to post a review of a product if you are an employee (or a relative of an employee) of the manufacturer of the product or of a competitor's product.

You also understand and agree that Simons is under no obligation to display any product reviews that you submit on the Website, and may edit or remove product reviews at its sole discretion.

It is our goal to provide increased value to you, our visitors. Therefore, for your convenience, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked Websites are independent from Simons and that Simons has no control over the content of such Websites. Consequently, Simons cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness, and/or completeness of the information contained on such Websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such sites.

We welcome any feedback that you may have concerning the external links that we have placed on our Website.

Although we strive to update and keep the content contained on the Website accurate as much as possible, errors and/or omissions may occur.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SIMONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SIMONS DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL SIMONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF SIMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless Simons, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs, and liabilities (including reasonable legal and accounting fees) resulting from:

	A. any content (including User Content) you (or anyone acting under your password or user name) submit, post, transmit, or make available on the Website;
	B. your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct; and/or
	C. your violation of any law or rights of a third party.

Simons respects your right to privacy of your personal information. Please review our Website Privacy Statement for details on the manner in which we collect, use, disclose, and otherwise manage any of your personal information.

Simons reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Simons reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Simons to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use; (2) any policy or practice of ours in operating the Website; or (3) any Content available through the Website, is to stop visiting and using the Website.

“Simons” is a trademark of La Maison Simons. Other marks, graphics, typefaces, trademarks, and logos appearing on the Website are trademarks or trade dress of Simons. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Quebec City, Province of Quebec. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any and all other legal notices or statements posted on the Website, including the Privacy Policy, constitute the entire agreement between you and Simons with respect to the use of the Website, including the Content.

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself. If you have any questions or comments regarding these Terms of Use please contact us.

Marjolaine Giasson, CPA, MBA, ASC
Chief Security Officer
[email protected]
La Maison Simons Inc.
20, côte de la Fabrique
Québec (Québec) G1R 3V9

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Last update: September 7, 2022.