Last revision: March 10th, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Nicole Bedard - Nicole Aline & Co. (the “Website”).
Your access or use of the Website indicates that you have read, understand, and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, and trade names are owned, registered, and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials that may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.
3. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an “Account”):
4. PAYMENT
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Payment for any on-going services is billed automatically until notification that you would like to terminate your access to the services.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
6. SHIPPING/DELIVERY/RETURN POLICY
You will ensure payment for any items you purchase from us. Prices indicated on the Website are subject to change. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of digital products, we will charge your credit or debit card when the product is made available to you for digital use and/or download.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
Attn: Nicole Aline & Co.
89 Dunkirk Dr., St.Thomas, ON N5R 1S2
hello@nicolealine.com
If you are unhappy with anything you have purchased on our Website, you may do the following:
Review your return policy with the purchase as the policies vary based on the digital product. Any questions can be sent to hello@nicolealine.com
7. AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
8. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Nicole Bedard – Nicole Aline & Co.
You further agree not to use and/or access the Website:
9. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for the following period of time: 2 years. After that time, all information about you will be deleted.
10. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
11. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
12. INDEMNIFICATION
You defend and indemnify Nicole Bedard – Nicole Aline & Co. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence if we wish to do so.
13. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
15. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
16. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
17. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third-party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
18. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
20. PRIVACY
a) Collected personal data, processed personal data and data collection
In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles:
In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following:
Our Website collects the following personal data:
– Name and Surname
– Email address and Phone Number
– Mailing and/or Shipping Addresses
This personal data is collected when you perform one of the following actions:
Registration to the website
– When users purchase products on the website
– When users navigate the website and/or members website
In addition, when you purchase a product on the Website, you will be informed that the seller will retain proof of the transaction including the order form and the invoice.
The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of 2 years unless you ask for the deletion of your personal data before the expiry of this period.
If personal data is stored, you will be informed of the period during which your personal data will be kept, and if that period may not be specified, we will inform you of the criteria used to determine it.
Collection and data processing achieve the following purpose:
Location and IP address data are stored to help endure that advertisement are relevant to the users; Users’ age allows to filter the content that is acceptable.
Personal data may be transmitted to the following third parties:
Personal data may be transmitted to Stripe when users make purchases in order to complete the transaction.
b) Data Hosting
The Website is hosted by SKGOLDhosting, headquartered in Calgary, AB Canada.
The host may be contacted at the following: https://skgold.support/contact.php or calling 403-398-3258.
Personal data collected and processed by the Website are hosted and processed in Canada. This transfer of personal outside of the European Union is justified by the fact that this is where our headquarters or principal address is located.
c) Controller
The controller is: Nicole Aline & Co.
d) Personal data of minors
In accordance with the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to the processing of their personal data.
If you are a minor under the age of 15, the consent of a legal guardian is required for your personal data to be collected and processed.
e) Rights and procedures for the implementation of your rights
In accordance with the regulation regarding the processing of personal data, you have the rights listed below.
In order for the controller to grant your request, you have to provide your full name, your email address and, if relevant, your personal account number.
The controller shall answer you within thirty (30) days.
You may look up, update or modify your personal data, as well as request its deletion by following the procedure below:
The user must send an email to the controller noted above.
If you have a personal account, you may request the deletion of your personal account by following the procedure below:
The user must send an email to the controller noted above, with the request to delete their user account.
You may request the portability of your personal data held by the Website and have those data transmitted to another website by following the procedure below:
A user must request the portability of their data to the controller listed above.
III. Right to restriction of processing and right to object
You may request to restrict processing of your personal data and you may object to the processing of your personal data and the Website may not deny such request without compelling legitimate grounds.
f) Obligations of the controller
The controller undertakes to protect collected personal data, to not transfer your personal data to third parties without informing you first and to respect the purposes for which personal data were collected.
The Website uses an SSL certificate to guarantee that information transfers transiting through the Website are secured.
In addition, the collector undertakes to notify you before the rectification or erasure of any of your personal data, unless this requires disproportionate efforts.
In the event that the integrity and confidentiality of your personal data are compromised, the controller undertakes to inform you by any means.
21. COOKIES
a) Consent to our use of cookies
The Website may use cookies, which allow us to process statistics and information on traffic, to make your experience of the Website smoother and more interactive. Use of cookies involving personal data storage or analysis, you will be asked for your consent.
Your consent is valid for a maximum period of thirteen (13) months. After expiry of this period, the Website will ask you again for your consent to save cookies on your computer
b) Right to object to use of cookies by the Website
You may object to the use of cookies by altering the settings of your web browser. However, any loss in functionality may not be held against us.
c) Description of cookies used by the Website
The following cookies are used when you browse our website:
Facebook; Google Analytics
By using our Website, the following cookies from third parties may be saved on your computer:
Facebook; Google Analytics
In addition, the Website embeds social network links that allow you to share your activity on the Website. Cookies from these social networks therefore may be saved on your computer.
These websites have privacy policies and terms and conditions that may differ from these Terms and Conditions. For more information, visit the terms and conditions and these websites.
22. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Nicole Bedard – Nicole Aline & Co. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Nicole Bedard – Nicole Aline & Co. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.