Terms of Use
Last Updated: January 01, 2022
1. Your Acceptance of these Terms of Use
These Terms of Use are a legal agreement between you and Kayenne regarding your access to and use of Kayenne’s website located at www.wearkayenne.com and all content, information, products, and services available on or through our website (collectively, the "Website"). The Website is the property of Kayenne and its licensors, if any.
Each time you access or use the Website, you acknowledge and signify that you have read, understood and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use any aspect of the Website.
These Terms of Use are in addition to any other agreement you may have with Kayenne, including an agreement for your purchase of our products or services.
2. Changes to these Terms of Use
Kayenne may in its discretion change these Terms of Use at any time, without any prior notice to you, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version. By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.
3. Permissible Users
You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf. You may not use the Website if you breach these Terms of Use, if your permission to use the Website has been suspended or terminated by Kayenne, or if these Terms of Use as they apply to you have been terminated.
4. Permissible Use
The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Kayenne.
You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by Kayenne in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Use.
5. Other Terms and Conditions
Additional terms and conditions and policies (collectively, the "Other Terms and Conditions") apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website. Without limiting the generality of the foregoing, the following are links to certain Other Terms and Conditions:
Kayenne may in its discretion change the Other Terms and Conditions at any time, without any prior notice to you, by posting changed Other Terms and Conditions on the Website. The changed Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of the Other Terms and Conditions and review any changes since the last version.
The Other Terms and Conditions are incorporated into and form part of these Terms of Use by reference. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms of Use, the Other Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply.
6. Ownership of Website and Content
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by Kayenne and its licensors, if and when applicable. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
7. Your Information
You will ensure that all information you provide to Kayenne, through the Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current and complete. Kayenne will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Kayenne or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.
8. Communications
You authorize Kayenne to: (a) accept communications we receive from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.
Communications you send to Kayenne are not effective unless and until they are processed by the responsible Kayenne representative. We may refuse to process any communications sent to Kayenne or may reverse the processing of any communications sent to Kayenne, at any time in our sole discretion, and without any notice or liability to you or any other person, including if we believe the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
9. Personal Information Privacy
We collect personal information and non-personal information from users of the Website. Kayenne’s Privacy Policy is available online: https://wearkayenne.com/pages/kayenne-privacy-policy.
10. Misprints and Errors, Product Availability and Prices
Kayenne endeavours to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter, and do not warrant that the content of the Website (including product descriptions, photographs, and colours) is accurate or complete. Please note that your monitor might not accurately display product colours.
We reserve the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars unless otherwise stated.
11. Accounts and Codes
To access and use certain features and services of the Website you must have a valid Website account and use a valid user name and password (collectively, "Codes") accepted Kayenne. Account information and Codes are personal and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes. You will immediately notify us by e-mail at hello@wearkayenne.com if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person. Kayenne will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Kayenne is not under any obligation to verify the actual identity or authority of any person using your account or Codes. We may act upon any communication that is given through your account or by using your Codes.
Codes do not restrict access by Kayenne to password-protected information. Codes may not prevent unauthorized access to data or other information. We may in our sole discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.
We may in our sole discretion at any time require proof of the identity of any person seeking to access and use the Website and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if we are not satisfied with the proof.
12. Payment and Website Security
Kayenne uses Shopify to enable secure payment and checkout options that are listed at checkout. Kayenne accepts the following payment methods: Visa, Visa Debit, Mastercard, AMerican Express, Apple Pay, Google Pay, Pay Pal and Kayenne Gift Cards.
When you place your order, your payment will be submitted for authorization and will only be charged when your order is shipped. Charges will appear on your credit card statement as "KAYENNE".
You agree to pay the price applicable for the merchandise in your order as of the time you submitted your order ("Merchandise Price"), the delivery fees for the shipping service you select ("Shipping Fees"), and any applicable taxes. Kayenne will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so.
We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications of information before accepting any order. Your order is not accepted until it is shipped. If we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
To help make your shopping more safe, simple, and secure, we use Secure Socket Layer (SSL) technology. This encrypts the data you send over the internet. We also leverage Shopify's secure technology and sales platform. When SSL is enabled, you will see a padlock at the top of your browser and you can click on this to get information about the SSL digital certificate registration. You'll also notice that the location (URL) field at the top of the browser will begin with 'https:' instead of the normal 'http:'
13. Feedback/Submissions
You agree that you will not submit to Kayenne any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to Kayenne (collectively "Submissions") are deemed to be non-confidential, you automatically grant to Kayenne and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of Kayenne and its successors, assigns and licensees any and all moral rights in the Submissions.
14. Linked Sites
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively "Linked Sites"). Linked Sites are independent from Kayenne and Kayenne does not endorse and has no responsibility or liability for or control over, Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against Kayenne arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
15. Prohibited Activities
Deep links to the Website without the express written permission of Kayenne are strictly prohibited. Kayenne may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.
You may not attempt to circumvent the ordinary navigational structure or presentation of the Website or its content or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website.
You may not attempt to gain unauthorized access to any part of the Website or its content or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.
You may not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data.
You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website. You shall not access the Website in order to build a similar or competitive service. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement (as amended from time to time).
16. Disclaimers
The Website, and the products, services and content provided through the Website are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement of third party rights, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, quiet enjoyment, uninterrupted service, or workmanlike effort, all of which are hereby waived by you and disclaimed by Kayenne to the fullest extent permitted by law. You are solely responsible and liable for the selection and use of the products, services and content provided through the Website to achieve your intended results.
Kayenne does not promise that the Website, or the products, services or content provided through the website, will be error-free, uninterrupted or secure, that any defects will be corrected, or that your use of the Website, or the products, services or content provided through the Website, will produce specific results. You use the Website, and the products, services and content provided through the Website, at your own risk. Except as set forth in the Return & Exchange Terms, if you are dissatisfied with the Website, or the products, services or content provided through the Website, your sole remedy is to cease using the Website and the products, services and content provided through the Website.
You are solely responsible for obtaining, provisioning, configuring, maintaining, paying for and protecting from loss and damage, all equipment, software and services (and all data contained therein) necessary for your use of the Website.
17. Liability Exclusions
To the maximum extent permitted by applicable law: (a) in no event and under no circumstances will Kayenne be liable to you or any other person for any damage or loss (including indirect, incidental, consequential, special, punitive or exemplary damage or loss, loss of profit, loss of revenue, loss of data or information, loss of use, loss of business, loss of opportunity, loss of productivity or any other commercial damage or loss) arising from, connected with, or relating to the website or the products, services, or content provided through the Website; and (b) if notwithstanding the foregoing or any other provisions of these terms of use Kayenne is liable to you or any other person, then in no event and under no circumstances will Kayenne’s total aggregate liability arising from, connected with, or relating to the Website or the products, services or content provided through the Website exceed C$100.00. The foregoing liability exclusion and limitation apply to liability under any theory of law (including contract, tort, statute and strict liability), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Kayenne or any person for whom Kayenne is responsible, even if other remedies are not available, do not adequately compensate you or any other person for the loss and damage or Kayenne knew or should have known of the possibility of the potential loss or damage being incurred.
The disclaimer of certain warranties and conditions and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions and so the foregoing disclaimers and liability exclusions and limitations may not apply to you.
18. Indemnity
You will defend, indemnify and hold harmless Kayenne from and against any and all losses, damages, costs, expenses, claims, complaints, demands, actions, suits, proceedings, liabilities and obligations (including damages, expenses and costs), settlement payments and legal fees and expenses (collectively, “claims/proceedings/liabilities”) directly or indirectly arising from, connected with or relating to your use of the website or your negligence, misconduct or breach of these terms of use. You will not enter into any settlement or other agreement on behalf of Kayenne or which affects the rights or interests of Kayenne, without our express prior written consent, which consent may be withheld in our sole discretion. Notwithstanding the foregoing, Kayenne retains the right to participate in the defense and settlement negotiations relating to any claims/proceedings with counsel of their own selection at their sole cost and expense.
In these Terms of Use, “Kayenne” includes Kayenne and its affiliates, licensors, service providers and suppliers and their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives, jointly and severally.
19. Changes/Termination
Notwithstanding any other provision of these Terms of Use, we may in our sole discretion change, discontinue, modify, restrict, suspend, or terminate the Website or any of its content at any time without any notice or liability to you or any other person.
We may in our sole discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.
These Terms of Use as they apply to you are effective unless and until terminated. You may terminate these Terms of Use by permanently ceasing to use the Website and giving written notice of termination to us at hello@wearkayenne.com. Kayenne may terminate these Terms of Use at any time either by giving a notice of termination to you or by denying you access to the Website. The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination. Sections 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 of these Terms of Use will survive termination and continue to apply and be binding upon you and Kayenne.
20. Governing Law
These Terms of Use and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
21. Other Matters
You and Kayenne are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Kayenne. Upon request by Kayenne, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by Kayenne to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Kayenne or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, Kayenne’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Kayenne may be lawfully entitled under these Terms of Use or at law, and Kayenne will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will ensure to the benefit of and be binding upon you and Kayenne and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without our express prior written consent, which consent may be withheld in our sole discretion. Kayenne may, without your consent, assign these Terms of Use or any of Kayenne’s rights, duties, or obligations under these Terms of Use.
These Terms of Use and the Other Terms and Conditions together set forth the entire agreement between you and Kayenne regarding the subject matter of these Terms of Use and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use and the Other Terms and Conditions.
There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Kayenne regarding the subject matter of these Terms of Use and the Other Terms and Conditions other than as expressly set forth in these Terms of Use and the Other Terms and Conditions.
You and Kayenne have each expressly requested and required that these Terms of Use and the Other Terms and Conditions be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
All rights not expressly granted by these Terms of Use are reserved by Kayenne.
If you have any questions or comments regarding these Terms of Use, please contact our founder, Katherine Wong, by e-mail at katherine@wearkayenne.com.