Terms & conditions
(Last modified on June 25, 2020)
Introduction and Acceptance
The Website is owned and operated by 9359-5908 Québec inc., a duly incorporated company based in Montreal, Quebec, Canada, doing business as Invictus Gloves. Where the present TOU refer to “Invictus” and “we”, they may refer to 9359-5908 Québec inc. and / or its officers, directors, employees, agents or representatives, depending on the context. In these TOU, a Website visitor may be referred to as “you”.
Invictus reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.
If you have any questions about the TOU, please contact:
2620 rue De Cadillac
General Code of Conduct for Use of the Website
By visiting and / or using the Website, you agree to:
(i) Not use the Website in any manner that in any way violates these TOU;
(ii) Not use the Website in any manner that violates any intellectual property rights of Invictus or any third party;
(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Invictus or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Invictus, other Website users, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by Invictus in its sole discretion) an unreasonable or disproportionately large load on Invictus’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures Invictus may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vi) Use the Website in good faith, and in compliance with all applicable local, provincial, national, and international laws.
In no way will Invictus be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
Opinions and Content
Unless otherwise indicated in writing, any opinions expressed on this Website are those of the authors only and not those of Invictus or any third party providers. Some content displayed on this Website may be content embedded from third party services and therefore may be subject to the terms of service of these services, as applicable.
Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Invictus, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Invictus, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Invictus may take action accordingly.
If you choose to communicate to Invictus suggestions for improvements to the Website or any product or service mentioned on the Website (collectively, “Feedback”), Invictus shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Invictus and waive in favor of Invictus, its successors and assigns all your moral rights in the Feedback, and agree to provide Invictus such assistance as Invictus may require to document, perfect, and maintain Invictus’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Invictus, you are not entitled to any compensation or reimbursement of any kind from Invictus under any circumstances.
Intellectual Property of Third Parties
Invictus is committed to the appropriate and legal use of the intellectual property of others, and we require the visitors of our Website to behave similarly. Invictus has the sole discretion to reject any order on the Website that it considers libelous, defamatory, obscene, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Invictus production. You agree to not use Invictus’ gloves creator service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Interruption of Service
From time to time, the Website may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, Invictus shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
Termination of the Website and the TOU
Invictus may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that Invictus shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from Invictus’s termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and Invictus. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
Risk of Loss
All items purchased from Invictus are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Invictus has made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery. The colours of the actual products will also vary based on the material used.
All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.
Invictus attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered on the Website is not as described, please contact us using the contact information further up in the TOU.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by Invictus or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from (i) your use of the Website, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by Invictus staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Invictus shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.
Invictus expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Invictus, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded therefrom will meet your requirements.
Limitation Of Liability
Invictus shall not be liable and assumes no responsibility for any loss or damages arising from or in relation to the information on the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website, or any third party materials on the Website.
To the maximum extent permitted by law, in no event will Invictus, its shareholders, officers, directors, employees, licensors, suppliers, subcontractors or agents be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or your use, misuse or inability to use the Website, even if Invictus has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
In no event will Invictus’ aggregate liability for any claims in connection with your use of the Website, if any, exceed the higher of (i) CAD$100 or (ii) the fees paid by you to Invictus during the 12-month period preceding the event from which the liability arises.
Governing Laws and Jurisdiction
Use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable in the Province of Quebec, without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Invictus shall be brought exclusively in the courts located in the Judicial District of Montreal, Quebec, Canada. The foregoing choice of jurisdiction and venue shall not prevent you or Invictus from seeking injunctive relief with respect to a violation of intellectual property rights, enforcement or recognition of any award or order in any appropriate jurisdiction. You and Invictus expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU nor to any dispute arising therefrom.
(ii) Invictus shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Invictus’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
(Last modified on June 25, 2020)
Introduction, Acceptance and Definitions
Welcome to the Invictus website located at https://www.invictusgloves.com/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website.
The Website is owned and operated by 9359-5908 Québec inc., a duly incorporated company based in Montreal, Quebec, Canada, doing business as Invictus Gloves. Where the present Policy refers to “Invictus” and “we”, it may refer to 9359-5908 Québec inc. and / or its officers, directors, employees, agents or representatives, depending on the context.
In this Policy, a Website visitor may be referred to as “you”. Where you (or you acting on behalf of a company or other organization) are in the process of purchasing or have purchased a product sold by Invictus, or use the gloves creator service allowing you to create customized gloves (the “Services”), you may also be referred to as a “Customer” in this Policy.
Invictus reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website and / or the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, you will be notified via email.
If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information (as defined hereinbelow) Invictus holds about you, please contact:
2620 rue De Cadillac
General Statement of Privacy and Protection of Personal Information
Invictus takes your privacy and security of Personal Information very seriously. This Policy describes the limited ways the information is used and the limited access to such information.
This Policy covers the treatment of personally identifiable information (“Personal Information”) and other information gathered by Invictus when you are using or accessing the Website or using the Services. This Policy also covers Invictus’s treatment of any Personal Information that Invictus may share with its business partners or other third parties under very limited circumstances.
The Policy also covers “Customization Data”, which is all electronic data or information (in whatever form, including but not limited to photos, logos, other graphic forms, video, audio, and text) that you create while using the Services or that you display, post, submit, transmit or otherwise make available on or through the Website while using the Services.
This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that Invictus does not own or control, including but not limited to any third party websites or services that you elect to access through the Website or via a link from the Website (“Third Party Website”), or to individuals that Invictus does not manage or employ. While we attempt to facilitate access or link only to those Third Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Websites. We encourage you to carefully review the privacy policies of any Third Party Website you access. We have named and provided links to the most important of these Third Party Websites further in this Policy.
Finally, this Policy does not cover any Personal Information you send to Invictus via any non-secured mode of communications such as email, instant messenger or social networks, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to Invictus via these methods.
No Collection of Personal Information as a Matter of Course
Invictus does not, as a matter of course, gather any of your Personal Information while you are using the Website or Services, unless you are asked to provide such information, for example by signing up for an account and making a purchase. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.
Personal Information Collected and Its Uses
The following is a list of Personal Information collected from you when you use the Website or Services and what we use it for. You acknowledge that you are submitting this Personal Information with your informed consent.
- As a Customer, you will be required to enter some or all of the following Personal Information in order to make a purchase: name, company name, address, phone number, email address, gender, fit preference and hand size. In this Policy, such information is referred to as “Account and Order Information”. Order Information is used to manage your account, to communicate with you information about your account, to respond to your questions or requests and provide customer service, to validate, confirm, verify, deliver, and track your order (including to arrange for shipping, handle returns and refunds, and contact you about your orders, including by telephone), and to send you related information, coupons, products or samples.
- As a Customer, you will be required to enter the following information in order to purchase Invictus products: credit card number, credit card expiry date, security (CVV) number, and billing address if different from your address. In this Policy, such information is referred to as “Billing Information”. Billing Information is only used to process the credit card transaction for your purchase(s). For more details on the treatment of your Billing Information, please see the “Secured Payments” section further below in this Policy.
For the purposes of this Policy, Account and Order Information, as well as Billing Information may all be considered Personal Information.
Customization Data and its Uses
You acknowledge that we will view, access and use your Customization Data for the purpose of processing and fulfilling your order(s).
Security and Encryption of Information
Invictus uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, Invictus uses third party vendors, service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website and the Services, such as WordPress and WooCommerce. These third parties have been selected for their high standards of security, both electronic and physical. You acknowledge that our third party vendors and hosting partners may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home province, state, country or other governmental jurisdiction.
Where you are a Customer making a purchase on the Website or through the Services, all transaction data, including credit card information, is transferred by encrypted Secure Sockets Layer (“SSL”), the standard for Internet transactions. Please refer to the “Secured Payments” section further in this Policy for more about how your Billing Information is treated.
Limited Gathering of Information for Statistical, Analytical and Security Purposes
Invictus automatically collects certain information using a third-party analytics program, Google Analytics, to help us understand how our users use the Website and Services, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website users in the aggregate. Invictus also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages on the Website with a view to introducing improvements.
Non-disclosure of Personal Information to Third Parties
Except as provided in the next paragraph and the sections in this Policy regarding Security and Encryption of Information, Secured Payments, Mailing List Management and SMS Communications, Invictus does not divulge any Personal Information gathered via the Website or Services to third parties. Moreover, Invictus does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of Invictus are responsible for the management and development of the Website and Services and the processing and delivery of your order(s), and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy.
Mailing List Management
You may unsubscribe from Invictus’s mailing list at any time, by following the link at the bottom of all Invictus emails. Please note if you unsubscribe from Invictus emails, you may not receive important information about your account.
Invictus is committed to ensuring that we respect anti-spam legislation, specifically the Canadian law informally known as Canada’s Anti-Spam Law (“CASL”, S.C. 2010, c. 23). If you believe you have received emails from us in violation of this law, please contact us using the contact information further up in this Policy.
Invictus may use third party software for sending out communications via SMS. Personal Information (your mobile number) is transferred to such third party in order to send out the SMS communications properly. Your Personal Information is only used to send out the SMS communications properly; it is our understanding that such third party software does not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party.
Your Rights with Respect to Personal Information
You have the following rights with respect to your Personal Information:
- You have the right to ask us for an overview of your Personal Information that we process.
- You have the right to ask us to transfer your Personal Information directly to you or to another entity. This applies to Personal Information that we process by automated means and with your consent or on the basis of a contract with you. We will transfer your Personal Information where it is technically feasible.
- You may ask us to delete your Personal Information if we no longer need it for its original purpose, if you object to us processing your Personal Information for our own legitimate interests or for personalised commercial messages, if you withdraw your consent for processing your Personal Information, if we unlawfully process your Personal Information, or if a law requires us to erase your Personal Information.
- You can object to us using your Personal Information for our own legitimate interests. We will consider your objection and whether processing your Personal Information has any undue impact on you that requires us to stop doing so. You cannot object to us processing your Personal Information if we are legally required to do so (for example if we are obliged to fulfill a contract with you such as shipping an order).
- We sometimes use IT systems to make automated decisions based on your Personal Information if this is necessary to fulfil a contract with you or if you gave us consent to do so. You have the right to object to such automated decisions and ask for an actual person to make the decision instead.
- If your Personal Information is incorrect, you have the right ask us to rectify it. If we shared such data about you with a third party in compliance with this Policy, it is our obligation to notify this change to the third party.
- You have the right to ask us to restrict using your Personal Information if in your opinion the information is inaccurate, if we are processing the data unlawfully, or if you have objected to us processing your Personal Information for our own legitimate interests.
- Should you not be satisfied with the way we have responded to your concerns, you have the right to submit a complaint to us using the contact information further up in this Policy. If you are still unhappy with our reaction to your complaint, you can also contact the data protection authority in your country.
Please note that deletion of your Personal Information may make it impossible for you to use the Website or the Services.
Tracking Technology (Cookies)
Invictus uses storage and tracking technology (“cookies”) on the Website and by using the Website or Services you agree to their use. Cookies are small text files placed on your hard drive when you visit a website, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website and Services uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer.
- to facilitate the use of the Services;
- to keep track of preferences you specify while you are using the Website;
- to provide general internal and user analytics;
- to provide personalized advertisements based on Website visitors’ shopping experience with us;
- to measure the return on investment of certain advertisements;
- to conduct research to improve the content of the Website and Services;
- to assist in identifying possible fraudulent activities.
Risks Associated with the Internet
Despite Invictus’ best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website or Services, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that Invictus cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.
Limitation of Liability
Invictus, and / or its respective officers, directors, shareholders, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website or Services not in violation of the Policy.
Compliance with Privacy Laws
This Policy and Invictus’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.
© 9359-5908 Québec inc. doing business as Invictus Gloves