Terms of Service

This version is in effect since September 1st, 2020.

Welcome to Tuango.ca (the “Site”), a website owned and operated by Tuango Inc. (“Tuango” or “we”).

YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING TO ACCESS OR USE OF THE SITE SINCE YOUR ACCESS TO OR USE OF THE SITE IS SUBJECT TO THIS AGREEMENT.

The following terms and conditions (the “Terms of Service” or “Agreement”) form a binding agreement between you and Tuango. The Terms of Service also provide benefits to Tuango’s affiliates, suppliers and sub-contractors. The Terms of Service, which incorporate by reference the Privacy Policy (available at https://www.tuango.ca/en/GroupBuyPrivacyPolicy), the frequently asked questions (“FAQ” available at https://www.tuango.ca/en/pages/faq/) and the refund policy (available at https://www.tuango.ca/en/pages/politique-de-remboursement/)", set forth the terms and conditions that govern the use and access of this Site and Tuango Services. These Terms of Service must be respected by any person who uses or accesses the Site. The terms “you” and “User” refer to the person accessing or using the Site, whether the person does so on his or her own behalf or on behalf of another person or organization.

By using or accessing the Site, you acknowledge that you have read and understand these Terms of Service, and that you expressly agree to be bound by these Terms of Service and to abide by these Terms of Service as well as all applicable laws and regulations governing the Site. If you do not agree to these Terms of Service, you must cease to use the Site.

General Data Protection Regulation (GDPR)

EU residents and citizens should not use Tuango’s services since they may not comply with the General Data Protection Regulation.

Permission to Use the Site

You may use the Site only if you have reached the age of majority in the province state or territory in which you reside, and you can form legally binding contracts under applicable law. You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws. Tuango reserves the right to request proof of identification and age.

Changes to this Agreement

Tuango reserves the right, from time to time, in its sole discretion, to change or supplement these Terms of Service, in whole or in part, without any prior notice or liability to you or any other person. Such changes may include changes to the Privacy Policy, the Refund Policy, the FAQs and any other policies and/or rules referred to herein, and any such changes will be effective upon publication on the Site. If you use or access Tuango.ca after the Terms of Service have been changed, your use or access of the Site will constitute acceptance of the Terms of Service, as amended. It is therefore important that you periodically review these Terms of Service. You may not change or supplement these Terms of Service in any manner.

Email Registration and Membership

By registering your email address and/or creating an account on this Site, you expressly request to become a member of Tuango and to receive our Services, which consist primarily of the communication of exclusive offers and promotions via email. In accordance with Law C-28, and after making a purchase with us, please note that you will be automatically subscribed to our newsletter, so that you can take advantage of our exclusive promotions and our flash sales. You can unsubscribe at any time by accessing your preferences. It pays to be a Tuango member!

Material

You are solely responsible for obtaining and maintaining all telephone and computer hardware as well as all other equipment necessary to accessing and using the Site. Tuango cannot be held responsible for any bug or improper use of equipment used to access the Site. This especially applies to Tuango’s mobile application. You are responsible to always use the latest version of the application.

User Passwords and Account Security

By creating an account, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Tuango immediately by filling out the form at https://www.tuango.ca/en/pages/contact. Tuango is not under any obligation to verify the identity or authority of any person using a password and/or account.

Privacy

Tuango collects, uses, stores and discloses your personal information in accordance with the Privacy Policy, which is incorporated by reference into this Agreement. By accessing and using the Site, you hereby consent and agree to the collection, use and disclosure of your personal information in accordance with the Privacy Policy. You also agree that any personal information that you provide through the Site will be accurate, correct and up-to-date. Tuango cannot and does not guarantee the security or privacy of data that you provide through the Internet and accordingly you agree that access to and use of the Site, and the provision of data through the Internet to Tuango, is at your sole risk.

Lawful Use

The User shall not use the Site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, abusive, profane, obscene, vulgar, defamatory, threatening, invasive of publicity or privacy rights, or otherwise objectionable; (ii) that violates or infringes upon the rights of others in any way; (iii) that encourages others to commit unlawful acts; (iv) that contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from Tuango; and/or (v) that prevents other users from using and enjoying the Site.

Ownership, Copyright and Trade-marks

Unless otherwise indicated, the Site, including any and all content, material, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Site, (collectively, the “Site Content”) is the property of Tuango or its respective owners, as the case may be, is protected by Canadian, U.S. and international copyright, trade-mark and other laws.

All rights to the Site Content are expressly reserved. Tuango hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access, read and print the Site Content.

Tuango, its logo and other marks as well as all other product or service names or slogans appearing on the Site are registered and/or common law trade-marks or trade-names owned or licensed by Tuango and/or its suppliers or licensors (collectively, the “Marks”), and may not be copied, imitated or used, in whole or in part, without the express written consent of Tuango or the applicable trade-mark holder. In addition, the Site Content as well as the look and feel of the Site may not be copied, imitated or used, in whole or in part, without the express written consent of Tuango. Any use of the trade-names, trade-marks, and logos displayed on the website, or any word, term, name or symbol that is likely to cause confusion with respect to the user’s connection or association with Tuango or its approval or sponsorship of the user’s products, is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Site.

All other trade-marks, registered trade-marks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tuango. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade-marks displayed on the website

Everything located on or in this Site is the exclusive property of Tuango or used with express permission of the copyright and/or trade-mark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING OR OTHER MEANS OF MODIFYING THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN CONSENT OF TUANGO. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trade-mark or other intellectual property right infringement that may subject the User to civil and/or criminal penalties.

No Linking, Framing, Mirroring, Scraping or Data-Mining

Links to this Site without the express written permission of Tuango are strictly prohibited. To request permission to link to the home page of the Site, please send an e-mail to administrator@tuango.ca. Tuango may in its discretion cancel and revoke any permission it may give to link to the home page of the Site at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of this Site or any of its content in any form and by any means is also strictly prohibited.

Disclaimers and Limitation of Liability in relation to Use of the Site

We provide this Site AND THE SITE CONTENT on an “as is” and “as available” basis. Tuango, its affiliates and their respective directors, officers, SHAREHOLDERS, employees, agents, merchants, third-party content providers or licensors make no REPRESENTATIONS, warranties OR CONDITIONS of any kind, WHETHER express or implied, including any warranty of conditions, ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR USEFULNESS OR THE SITE CONTENT AND ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TUANGO MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; © THE SITE, SERVERS OR EMAILS SENT FROM THE SITE WILL BE FREE OF HARMFUL OR DISRUPTIVE COMPONENTS, SUCH AS VIRUSES; (D) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (E) THE SITE AND THE SITE CONTENT (INCLUDING DESCRIPTIONS OF MERCHANT PRODUCTS AND/OR SERVICES) WILL BE ACCURATE, COMPLETE AND RELIABLE; AND TUANGO DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE AND ACCESS TO THE SITE AND THE SITE CONTENT ARE AT YOUR OWN RISK AND DISCRETION. TUANGO, ITS AFFILIATES AND THEIR RESPECTIVE directors, officers, SHaREHOLDERS, employees or agents WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY SITES, THIRD-PARTY CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY TUANGO OR ANY PERSON FOR WHOM TUANGO IS RESPONSIBLE EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. for greater certainty, Neither Tuango, nor any third parties providing content, products or services, shall be liable for any errors, inaccuracies, omissions or other defects in the information contained on this Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising from this, regardless of their cause or duration. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

You waive and covenant not to assert any claims or allegations of any nature whatsoever against Tuango, its affiliates, or their respective directors, officers, SHAREHOLDERS, employees or agents arising out of or in any way relating to your use of the Site, the Services, the content or the materials contained in or accessible through the Site. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.

Other Websites

While this Site may contain links to third party websites, Tuango is not responsible for the content of any linked websites. Tuango provides these links only as a convenience and these linked websites are not under the control of Tuango. Tuango makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that Tuango sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such websites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party websites.

Indemnification

The User agrees to indemnify, defend and hold harmless Tuango, its affiliates and their respective advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively “Tuango Indemnified Parties”) from and against any loss, expense, damage, cost, liability, claim, demand made by a third party, including, but not limited to, reasonable attorneys’ fees, accounting expenses, and legal costs), sustained, incurred or paid by the Tuango Indemnified Parties and arising from or related to (a) the access or use of the Site and Tuango Services by you (or any users of your account), including, without limitation, your or others’ access to Site Content or any content or other materials available by means of third-party websites; (b) violation of these Terms of Service or breach of the Terms of Service (including, without limitation, any representation or warranty contained in this Agreement) or any activity related to your use of the Site; or © your content or provision to the Site of information or any other products, postings, offerings, data or materials. You will assist and co-operate as fully as reasonably required by the Tuango Indemnified Parties. The Tuango Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice of any defense by you or any claim as to which you are required to defend, indemnify or hold harmless the Tuango Indemnified Parties (the “Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned Tuango Indemnified Parties.

Termination of the Site and these Terms of Service

Tuango may, at any time without notice of liability to you, and for any reason whatsoever: (a) change, suspend or terminate, temporarily or permanently, the Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Site, all without any notice or liability to you or any other person. If you breach any provision of these Terms of Service, we may prohibit you from using this Site.

If these Terms of Service or your permission to access or use the Site is terminated by you or by Tuango for any reason, then: (a) these Terms of Service will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Site, and anything connected with, relating to or arising therefrom; and (b) Tuango may continue to use and disclose your personal information in accordance with the Privacy Policy, as amended from time to time. No revocation or termination for any reason of any (or all) of the rights, licenses and/or privileges granted to you under the Terms of Service shall affect Tuango’ right to payment, as and when due, of any amounts payable by you to Tuango.

Terms and Conditions of Sale

Placing an Order

You may purchase products featured in the Tuango Boutique (the “Boutique”) (available at https://en.boutique.tuango.ca/) as well as coupons and vouchers by placing an order in accordance with the terms and conditions of sale set forth herein. Before submitting your final order, you will be asked to confirm your order. You are responsible for ensuring the accuracy of your order, notably the description of the product(s) selected (including size, colour and price) as well as your billing information. You are responsible to correct any error or inaccuracy in your order. Once you submit a final order, you will receive an order confirmation from Tuango along with a detailed invoice in an electronic format. Orders placed through the Site will not bind Tuango until you receive an order confirmation from us and the order is accepted and processed by us. While it is our practice to confirm orders, the receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse to sell to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Vouchers and Coupons

A voucher or coupon is redeemable for the product(s) and/or service(s) offered by the merchant identified on the voucher or coupon. The purchase and redemption of a voucher or coupon are subject to the terms and conditions established by the merchant identified on the voucher or coupon. By obtaining or purchasing a voucher or coupon through this Site, you agree to comply with such terms and conditions and you acknowledge that the merchant in question is solely responsible for redeeming the voucher or coupon and for the product and/or service identified on the voucher or coupon, and any and all liabilities that may arise further to the purchase, use and/or misuse of such product and/or service. The merchant is the sole issuer of the voucher or coupon. Tuango is not a party to any transaction that you may conclude with a merchant, further to you obtaining or purchasing a coupon or voucher through this Site. Certain vouchers and/or coupons may not be available for use and redemption by individuals located outside Canada. It is strictly forbidden to buy vouchers and/or coupons through the Site in order to resell them in any way. Vouchers and coupons are not redeemable for cash, unless required by law. Merchants are responsible for charging and/or remitting taxes on their products and/or services. It is important to use or redeem vouchers and coupons before the expiration date.

Refund policy

To see our refund policy, please click here: https://www.tuango.ca/en/pages/politique-de-remboursement

Availability and Pricing

Color depiction of products featured on the Site is a function of the calibration of the colors of our photographs as well as of numerous parameters related to the functioning and the use you make of your computer. Color of the actual product may vary. Prices and availability of vouchers, coupons, products and/or services displayed on the Site are indicated for information only and are subject to change. All prices and other amounts appearing on the Site are quoted in Canadian dollars and are subject to applicable taxes, duties and shipping charges. You are responsible for the payment of any and all applicable federal, provincial and local sales taxes as well as all shipping and handling charges, in addition to the price of the selected voucher(s), coupon(s), product(s) and/or service(s), as indicated on the Site at the time you place your order. Applicable shipping charges are dependent upon the delivery option chosen by you and the shipping address provided by you. Shipping charges are subject to change, without prior notification.

Shipping and Delivery

Tuango will ship products ordered by you through the Boutique to the address indicated in the order confirmation. Tuango only ships to addresses within Canada. Certain restrictions may apply depending on the address provided. Items ordered in the same order cannot be delivered to more than one address.

Misprints and Errors

Although Tuango strives to provide reliable and current information through the Site, occasionally, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Accordingly, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to refuse, correct or cancel orders, at any time and from time to time without liability and without notice to you or any other person, if any information on the Site is inaccurate, to the extent permitted by law.

For persons residing outside Québec: Disclaimers

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Other Matters

Governing Law and Dispute Resolution

The Site (excluding third-party websites) is controlled by Tuango and operated by it from its offices located in Montreal, Quebec, Canada. This Site, the Terms of Service and all related matters are governed exclusively by the laws of the Province of Québec and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. For greater clarity, the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement or to any purchase through the Site. Any dispute between Tuango and you arising from, connected with or relating to the Site, the Terms of Service or any related matters must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and consent to the original and exclusive jurisdiction of those Courts in respect of all disputes.

Entire Agreement

The Terms of Service, as it may be amended from time to time, and any other notices, policies, disclaimers and other terms and conditions contained on the Site constitute the entire agreement between you and Tuango with respect to the access and/or use of the Site and its content, superseding any prior or contemporaneous communication, understanding, representation and agreement between you and Tuango related to such subject matter. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

Binding

The provisions of this Agreement shall enure to the benefit of and be binding upon each of Tuango and its affiliates, suppliers and sub-contractors and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person or organization you represent).

Assignment

You and the persons or organizations you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Tuango, which may be withheld in Tuango’s sole discretion. Tuango may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

Waiver

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.

Independent Contractors

You (on the one hand) and Tuango and its affiliates, suppliers and sub-contractors (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Site.

Survival

All provisions of this Agreement that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Site or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of this Agreement, or any license hereunder or thereunder, however and whenever occurring.

Severability

If any provision of the Terms of Service shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted as necessary to carry out the intent of the parties and the other provisions herein shall remain in full force and effect.

Language

The parties have expressly requested and required that this Agreement and all other related documents 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.

Questions

If you have any questions regarding the Site and/or the Terms of Service, please fill out our online form (available at https://www.tuango.ca/en/pages/contact).

Any rights not expressly granted by this Agreement are reserved to Tuango.