PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.
By accessing or using the OGILVY Website (“Website”), or by purchasing or using products and/or services offered by OGILVY or its suppliers through this Website, you are indicating your acknowledgment and acceptance of these terms and conditions of use (“Terms”). These Terms are subject to change by OGILVY at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Website. Your use of the Website will be subject to the most current version of the Terms posted on the Website at the time of such use. Your continued use of this Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to these Terms or any changes to these Terms, please immediately discontinue your use of the Website.
Use of Website. OGILVY authorizes Website visitors (“You” or “Your”) to view and use “as is” the materials on this Website including text, pictures, graphics, audio or video clips, software and any other information (“Materials”) only for your personal, non-commercial use, provided that (i) You do not remove any copyright and other proprietary notices contained in the original Materials from any copies of the Materials; and (ii) You abide by all applicable laws and comply with all requirements identified in these Terms, and such additional terms and conditions that may be provided to You during use. You agree to review and abide by these Terms and assume all risk associated with the use of the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purposes. Any use of the Materials on any other website, electronic device or networked computer environment for any purpose is prohibited.
Intellectual Property. The materials on the Website are proprietary and are exclusively owned by OGILVY (or its licensors) and any unauthorized use, reproduction or distribution of any materials stored or available through this Website may violate copyright, trade-marks, patents or other intellectual property rights or applicable laws. OGILVY and any logos appearing on the Website or in conjunction with the delivery of any services are trade-marks of OGILVY. Any use of OGILVY trade-marks without prior written authorization is strictly prohibited. The Materials on this Website are copyrighted and any unauthorized use of any Materials may violate copyright, trade-mark, and other laws. If You breach any of these Terms, Your authorization to use this Website automatically terminates and You must immediately destroy any downloaded or printed materials or any other materials derived from the use of this Website, which contain intellectual property of OGILVY. By accessing this Website via the Internet You agree to grant to OGILVY a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display any materials and other information, suggestions or ideas You submit or post to the Website in any medium. You agree that You shall have no recourse against OGILVY for any alleged or actual infringement or misappropriation of any proprietary right in Your communications to OGILVY.
Products and Pricing. OGILVY continually updates its product and service offerings in stores and on this Website. OGILVY reserves the right to revise and/or discontinue such offerings at any time. Prices which may be displayed or advertised on the Website or through any other electronic communications from OGILVY do not include shipping fees and applicable sales tax, and are subject to change without notice at OGILVY’s sole discretion. The display of products and/or services on the Website does not constitute an offer by OGILVY. OGILVY Gift Cards may be purchased online by clicking on the Gift Card link at the top of this page or in-store. Unless indicated otherwise on our Website, if you wish to purchase any of the products or services displayed on the Website, please visit OGILVY’s store. The display of products and/or services on the Website does not constitute an offer by OGILVY.
Illegal Usage Prohibited. You shall not use OGILVY’s Website or Materials to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of OGILVY. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this Website. In addition, while using the Website in accordance with these Terms as modified from time to time, You agree to comply with generally accepted Internet standards and shall refrain from any abusive use of this Website.
Harassment Prohibited. It is prohibited to use the Website in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any comment or conduct that is vulgar, hateful, racially or ethnically offensive, or otherwise objectionable. Furthermore, any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome constitutes harassment.
Advertising Prohibited. It is prohibited to use the Website to post any advertising or promotional materials.
Network Security. OGILVY provides You with products and services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the products and services of OGILVY and the equipment, facilities and services of third party suppliers is at Your own risk. OGILVY assumes no responsibility for the security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, You are responsible for determining and establishing secure network access configurations. OGILVY, its partners, affiliates and third party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. OGILVY and its suppliers make no commitments with respect to the recoverability of lost data.
Links to Other Websites. Links to third party websites on this Website are provided solely as a convenience to You. If You use these links, a new browser will be launched to access linked websites. OGILVY has not reviewed these third party websites and does not control and is not responsible for any of these websites or their content. OGILVY does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this Website, You do this entirely at your own risk.
Termination. You acknowledge and agree that OGILVY, in its sole and absolute discretion, may, without notice to You, suspend or terminate your use of, or access to the Website or any services and remove and discard any related Materials for any reason, including where OGILVY believes that You have violated any of these Terms. You agree that OGILVY shall not be liable to You or to any other person as a result of any such suspension or termination. If You are unsatisfied with any of these Terms, please discontinue using the Website.
Disclaimer. You acknowledge that You are using this Website including its Materials at your own risk. OGILVY and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of the Website. The products, services and information provided at this Website are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. OGILVY and its suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and OGILVY makes no commitment to update the Materials. Information published on this Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
Indemnification. You shall indemnify and forever save harmless OGILVY, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with Your use of this Website.
Limitation of Liability. You agree that in no event will OGILVY, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents, representatives and suppliers be liable to You for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of this Website (including the products, services, Materials or information contained on this Website and/or other linked websites), whether based on warranty, contract, tort or any other legal theory and whether or not OGILVY is advised of the possibility of such damages.
Applicable Laws. These Terms including the Online Terms of Purchase shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes relating to the use of these Terms including the Online Terms of Purchase. You agree that jurisdiction and venue in such courts is appropriate and You agree to submit to the jurisdiction of such courts.
Revision of Terms. OGILVY may revise these Terms including the Online Terms of Purchase at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on You and Your continued use of the Website signifies your acceptance of these revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Waiver. OGILVY will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by OGILVY. No delay or omission by OGILVY in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.
TERMS AND CONDITIONS RELATING TO ONLINE PURCHASES OF MERCHANDISE AND GIFT CARDS FROM OGILVY
Ordering. Merchandise purchased through this Website may not be purchased or used for any purpose that is unlawful, misleading or deceptive. For security reasons and to prevent fraud, orders for Merchandise placed through this Website will only be accepted by OGILVY if the name and address to which the card is to be billed corresponds to the name and address that is registered with the purchaser’s credit card provider. If the information does not correspond, your order will be declined by OGILVY even though the transaction may have been pre-authorized by Your bank. If this happens, the dollar amount of the order may not be available to You for other use until it is credited back to your account, which may take between three to five business days.
No Cancellation. Once you submit an order online, it cannot be cancelled.
Orders are Subject To OGILVY Approval. OGILVY strives to ensure that adequate security measures are in place to protect against loss, theft and unauthorized access, disclosure, use or modification of your information. All orders for Merchandise placed through this Website are subject to OGILVY’s approval. OGILVY has the right to hold Your order for a security review or to decline your order, in its sole discretion. In no event shall OGILVY be liable for any loss arising out of lost, stolen or otherwise misdirected Merchandise, or for orders placed without proper authorization.
Returns. Unless stated otherwise in the terms of purchase for specific Merchandise, all sales are final and no returns, exchange, credits or refunds will be given. If returns are allowed and you return merchandise purchased from OGILVY with your Gift Card, the amount of the purchase as shown on a store receipt will be deposited back to your Gift Card.
Shipping. Merchandise will be shipped only to an address in Canada from Montreal using Canada Post standard service and rates (within 3 business days from the date the shipping confirmation is sent if shipped to an urban address in Canada). Even though the order form may include a field for post office (P.O.) box, Gift Cards will not be shipped to a PO Box address for security reasons. The risk of loss and title for the Merchandise passes to You upon OGILVY’s delivery of Your Merchandise to Canada Post.
Shipping Charges. Each Merchandise order is subject to shipping charges which are automatically calculated based on the province or territory in Canada where the Merchandise will be shipped. You will be able to view the shipping charges for your order before your transaction is processed.
Maximum Value of Online Purchases. There is a limit of $500 per order on all Merchandise purchased through this Website. You may purchase Merchandise in a higher amount in person, at OGILVY store. Visit OGILVY store during business hours or contact us at 514.842.7721 Ext. 421 or 1.855.842.7711 Ext. 421 from Monday to Friday – 9 a.m. to 5 p.m.
Gift Card Use. OGILVY Gift Cards (Gift Cards”) may be used only as authorized by OGILVY, and shall not otherwise be resold, distributed, or dealt with in any manner without the prior written consent of OGILVY.
Redeeming Gift Cards. OGILVY will accept redemption of a Gift Card for merchandise or services at OGILVY store in accordance with its regular practices and in accordance with (i) these Gift Card Terms and Conditions, (ii) terms on the back of the Gift Card, and (iii) as otherwise stipulated by OGILVY from time to time.
Gift Cards do not expire and there is no use fee. Gifts cards are not redeemable for cash and no change will be given, except as required by law.
Obtaining Gift Card Balance. To obtain your Gift Card balance, visit OGILVY store during business hours or contact us at 514.842.7721 Ext. 421 or 1.855.842.7711 Ext. 421 from Monday to Friday – 9 a.m. to 5 p.m. You must provide the digit number on the back of the Gift Card.
No Warranty. OGILVY makes no warranties, express or implied, with respect to Gift Cards including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event that your OGILVY Gift Card is non-functional or damaged, your sole remedy is a replacement Gift Card.
LAST UPDATED ON March 07, 2014