TERMS AND CONDITIONS
Last updated: January 15th, 2018
TERMS AND CONDITIONS
CAUTION: By using Novartem, you acknowledge that you are at least eighteen (18) years of age.
“Purchaser” means a natural or legal person registered on the Platform as a User and who submits an order via the Platform with a valid payment method for a product or service offered by a Vendor.
Force majeure refers to an unpredictable and irresistible event; There is assimilated the foreign cause which presents these same characteristics.
“Payment Method” means a valid method of payment accepted by the Paypal payment processor, namely: Visa, MasterCard.
The term “Services” means all services or products offered by Vendors registered as Users through the Platform, being: (i) the creation and / or tailoring of suits, clothing, accessories and / ; (Ii) repair and alteration of costumes, clothing, accessories and / or thematic adornments; (Iii) the sending and delivery by the Sellers of goods ordered by Buyers; (Iv) any activity arising or connected with the aforementioned points.
For the purposes hereof, the terms “Website” and “Site” both have the same definition and refer to the www.novartem.com Website.
The term “Transaction” means the contract between the Seller and the Buyer.
The term “Seller” means a natural or legal person, registered on the Platform as a User, who offers his services and / or products on the Platform.
The terms “You”, “Your” and “Your” mean You, individually, as Users of the Service and as visitors to the Website, or the Platform.
The terms “kiosk” or “kiosks” mean the posts in which the Seller shows information about its services and products, with intend to sell.
- SERVICES, PRODUCTS AND FEES
The website www.novartem.com is divided into two sections, namely: a News section, which is devoted to news related to the field of alternative arts, personification, costumes and themed disguises, and a Platform section , Which is a “marketplace” platform displaying the products or services offered by the Sellers and enabling Buyers to order these products or services as well as treat transactions securely between Sellers and Buyers. In addition, the Platform allows communication between Sellers and Buyers.
The Platform is a neutral space of connection and Novartem is not a vendor nor a service provider.
The Services are only available in Canada and the United States.
The purchase of the Services is intended solely for the personal use of the Users. Users declare that they do not purchase the Services and / or conclude a contract for a third party.
Novartem shall charge a commission of 10% before applicable taxes to the Seller on any transaction concluded through its Platform.
To purchase Services, the Purchaser must create a profile on the Platform, which must include his / her name, first name, e-mail address, telephone number, and mailing address. The Buyer must enter his credit card number on the PayPal platform when buying it.
In order to sell Services, the Vendor must create a profile on the Platform, which must include his name, first name, company name, e-mail address, telephone number, credit card number, postal address and Files in electronic format describing the creation and / or alteration services it offers.
By creating Your account online, Users:
- We authorize us to assume that the Users are over eighteen (18) years old and are fully able to bind themselves;
- We authorize us to assume that any person using the Website or the Platform with the information of the Users is such Users or a person authorized to act on behalf of the Users. Users are responsible for protecting the information used to access the Platform and all activities or actions under these accounts;
- Make a commitment not to disclose their information to a third party. Users must notify us immediately after becoming aware of any unauthorized use of their information or any breach of security.
- PROHIBITED USE
The Website and the Platform may only be used for the purposes permitted by these Terms. It is strictly forbidden:
- Copy, publish, modify, create derivative works, participate in the transfer or sale of “kiosks” on the Internet, or in any way distribute or operate the Website, Platform, or services offered by Novartem or any party To the public or to commercial use without first obtaining our express written permission;
- Using a robot, “spider”, “scraper” or other automated device to access the Website and the Platform;
- To copy or hack Our database, Website, Platform, and any related content;
- Access and use Our Website or Platform in a manner that violates any applicable local, national or international law or regulation;
- To access and use Our Website or Platform in a manner that is illegal or fraudulent, or for any illegal or fraudulent purpose;
- Use our Website or Platform to transmit or obtain the transmission of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (eg spam);
- Use Our Website or Platform to knowingly transmit data, send, submit or download any material that contains false information, viruses, Trojans, malware, or other harmful programs or similar computer code designed to adversely affect The operation of any computer software or hardware or cause damage to Our Website, Platform, Service or Our Materials, including Our Servers;
- To remove or modify any copyright, trademark or other proprietary notices or legend displayed on the Novartem Web Site or Platform (or printed pages of the Novartem Web Site or Platform).
- SPECIFIC USER OBLIGATIONS
You, the User, agree, without limitation, not to:
- Use the Site and the Platform in a manner that could damage, disable, overburden or compromise the Site or Platform;
- Disrupt or otherwise abuse the Site and the Platform, or any service, resource, systems, servers, or networks related to the Sites or any affiliated or related sites or accessible through them;
- Disturb or disrupt the use or enjoyment by others of the Site and the Platform or any affiliated or linked sites;
- Downloading, posting or otherwise transmitting to the Site and the Platform a virus or other harmful, disturbing or destructive computer program or file;
- Use a robot, spider or other automatic device or manual process to control or copy the pages of the Site or the Platform or their contents;
- Transmit through the Site and the Platform emails, chain letters, garbage messages or other types of unsolicited mass emails; and
- Attempting to gain unauthorized access to the Site or to the Platform or to certain portions thereof to which access is restricted. In addition, each User agrees that he / she is solely responsible for all actions and communications undertaken or transmitted to or on behalf of the User and agrees to comply with all applicable laws regarding its use or activities on the Site and the platform.
- Link your Kiosk or Profile to any other online storefronts or Web page or use your Kiosk for the sole purpose of driving traffic to another website. Novartem reserves the right to remove any links not in compliance with our Terms & Conditions Policy.
- Use the Live Chat to propose another method of communication like email, telephone, in-person meeting or social medias to conclude a transaction.
- Use the Live Chat to propose another method of communication or payment like email, telephone, in-person meeting or social medias to conclude a transaction.
- SOCIAL MEDIA
The following conditions apply when accessing a social media page, account, site, network or any application contained in them that has been designed and managed by Novartem.
Some of the comments and other items posted on social media pages may not represent Novartem’s views and general policy. Users agree not to post or submit any information, publications, links or any other kind of content on social media pages that fall into one of the categories described below:
- any defamatory content;
- that in any other way violates the rights (including those relating to the protection of personal information) of others;
- any content containing advertising;
- promotional materials or any form of unwanted solicitation for other users, persons or entities;
- any content whose origin or source is falsified;
- any financial or personal information about the Users or any other person; and
Any information, message, link or item that We consider to belong to any of the above categories will be removed immediately and without liability to Novartem. Novartem does not assume the responsibility of filtering messages published on social media.
- TECHNICAL PROBLEMS
To report technical problems with the Website or Platform, or for assistance, please contact firstname.lastname@example.org.
- COLLECTION OF INFORMATION
We obtain and verify the information used to identify all Users who register as Sellers or Buyers or who make a transaction on the Platform. By accepting these Terms, You authorize us to make inquiries that We deem necessary to validate the information you provide to us. We may do this directly, for example, by asking you for additional information or requiring you to take steps to confirm ownership of Your Payment Methods or email address.
If You are not more than eighteen (18) years of age, You may not use the Platform. Novartem does not knowingly collect any information from minors.
- INTELLECTUAL PROPERTY
The Website and the Novartem Platform, the content and all the intellectual property relating to them and their contents are Our property, that of Our affiliated companies or third parties. All rights, titles and interests on the Website and the Platform remain our property and / or the property of these third parties. The Novartem name and other names and ownership of Novartem’s products and / or services on the Website and the Platform are either our proprietary trademarks or other third party’s proprietary trademarks. Other product, service and company names on the Site and on the Platform may be trademarks of their respective owners.
All information provided on the Website and the Platform belongs to Novartem, and is protected by applicable laws in this case. Unless otherwise indicated, the information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reused, sold, transmitted or used for derivative works, public or commercial Without the express written permission of Novartem. The information is protected under Canadian copyright and trademark law.
Any unauthorized downloading, retransmission, copying and / or modification of trademarks or data contained on the Site or the Platform may be in violation of federal or any other law relating to trademarks or copyrights, Author and may expose the user to legal proceedings.
The content published on the Platform is exclusively content generated by the Users. Novartem does not check this content for infringement of copyright or intellectual property rights. If you have any questions or concerns, please contact us at email@example.com
- USER GENERATED CONTENT
The content generated by the Users is any content added by the Users, therefore not created by the site. All content uploaded to the Platform by Users is content generated by them. Novartem does not verify the content downloaded by Users for its legality, copyright infringements, trademarks, other rights or violations. All Users are encouraged to report any violation by Users. Content in violation may be removed at any time by Novartem.
- SERVICE GUARANTEE
Novartem does not assume any guarantee for the quality of the services rendered by the Sellers and / or products and / or goods sold by the Sellers as well as for the delivery, the delay and the communications between the Sellers and Buyers. Vendors are required to render their services professionally and in accordance with the practices and rules of the art proper to their field.
Any product or service published by Sellers and found inappropriate by Novartem will be deleted, including but not limited to:
- Fraudulent or illegal services or products;
- Services or products that infringe the copyright or intellectual property rights of third parties;
- Services or products of the adult industry, pornographic, or obscene.
- Services, products or Users with a rating below of what would be expected from professionals;
By offering a service or product, the Seller warrants that he or she has the permission, right or license to offer, sell or resell a product or service on the Platform.
Novartem makes no representation or warranty regarding the functionality or proper functioning of the adaptation to use, the absence of error or interruption during use or during the provision of the Services of the Site Web and Platform. Novartem does not represent, warrant or promise that errors relating to or contained on the Website and the Platform will be corrected or that the server from which the Website and Platform are operated is or will be free from viruses, Other harmful components. Novartem will not be responsible for any technical problems with hardware, software, viruses or harmful components on Your device. You are solely responsible for all updates and upgrades to Your device and your software, as well as the security and proper functioning of these devices. Novartem is not obliged to grant You or any third party compensation or any other remedy in connection with the foregoing.
Novartem can provide interactive features that allow users to share comments with Novartem. Each User is responsible for the content of their messages on the Website and the Platform. The material and information contained and displayed on the Site and the Platform “as is” without any express or implied warranties of any kind whatsoever.
Novartem will not be held liable for any direct, indirect, special or consequential damages arising from the use of any material, products or services of any kind, the impossibility of using them, Delay in delivery or partial delivery, extinguishment of rights or loss of profits, data, exploitation or goodwill, whether such damages are contractual, tortuous or extracontractual, and Novartem is not obliged to grant You or any third party compensation or other compensation. Some federal or provincial laws do not allow the exclusion or limitation of certain damages, so the above exclusions may not apply to Your case.
You agree to indemnify and hold harmless Novartem, its subsidiaries, affiliates, officers, directors, employees, and agents from all losses, damages, claims, actions or demands, including reasonable legal fees, Misuse of this Site or the Platform, all activities that occur under Your password or account linked to Your email address, Your violation of these Terms or any other violation of the rights of another person or left.
Your use of the Site, its content, and any services or products offered is at Your own risk. The Site, the Platform, their content and the Services are offered “as is” without any express or implied warranty.
You agree that any cause of action for services must begin within six months of the cause of action.
All external links to Third Party Sites are provided as a convenience. These Sites are not controlled by Us in any way and We are not responsible for the accuracy, completeness, legality or any other aspect of such other Sites, including any content provided by them. You may access these Sites at your own risk.
- ANTI-SPAM LAW
Novartem complies with the requirements of the Canadian Anti-Spam Act (LCAP). To unsubscribe from our electronic mailing list, simply contact us at firstname.lastname@example.org
- JUDICIAL DISTRICT AND JURISDICTION
This Agreement shall be governed, interpreted and applied in accordance with the laws of the Province of Quebec, Canada, without regard to any conflict of law. In the event of non-compliance or omission to these Terms by You, We reserve to You any right that We may have against You.
The parties submit to the exclusive jurisdiction of the courts of Montreal, Quebec, all disputes arising out of or in connection with this Agreement.
If any part or parts of these Terms are deemed inapplicable, the remainder of the Agreement shall remain in full force and effect. The provisions of these Terms, by their nature, will remain in effect after the termination or expiration of these terms and conditions or the cancellation of Your registration.
- RESOURCE PERSON
If you have any questions or comments regarding any content on this Website, please contact Novartem at email@example.com
This Policy also explains how Users can ask us questions and also how to review and update their personal information. We urge Users to read this Policy carefully and periodically review it as we may be required to make changes from time to time.
- By providing Novartem with their personal information, Users authorize it to use it and communicate it in the course of its services, in order to facilitate relations with Novartem and the Platform Users and is accessible when Novartem employees, partners or agents in the performance of their duties and for purposes directly related to the use, maintenance or upkeep of the Platform in accordance with this Policy and as authorized Or required by law, and implicitly if indicated by the circumstances.
- Novartem will seek permission from Users before using their personal information for purposes other than those covered by their initial consent.
- Users may withdraw their consent at any time, subject to legal and contractual restrictions and reasonable notice. If Users provide Novartem or its service providers and agents with personal information about another individual, Users agree to have the necessary authorization to do so and / or that Users have obtained all necessary consents from the In order to enable us to collect, use and disclose this personal information for the purposes set out in this Policy.
- Users may withdraw their consent or request that you no longer receive electronic communications from us by writing to Novartem at firstname.lastname@example.org
- INFORMATION COLLECTED AND OBJECTIVE
- Personal information is collected in order to provide users with the services of Novartem via its Platform. Personal information collected on this occasion includes, but is not limited to, the names of Users, Users’ personal e-mail addresses, and any other information that will best provide our services. Also, Users authorize Novartem to use their personal information in order to receive relevant information related to our activity by email.
- In addition to the information that Users provide knowingly, Novartem may also collect non-personal information, such as domain names and IP addresses from Platform Users, make usage statistics (eg types of Browsers and operating systems used, Google Analytics) and establish historical browsing. Novartem uses this data to carry out its activities, promote its services and administer its Platform more effectively.
- COLLECTION OF PERSONAL INFORMATION
- Novartem collects the personal information of the Users with their consent and respecting the legal requirements. Whenever possible and appropriate, we collect personal information directly from Users or from persons whom Users have chosen to provide us with their personal information.
- Cookies: We may also collect information by means of cookies or similar technologies, in particular during the visits of the Users on the Platform. Cookies may be automatically installed and stored for Platform authentication temporarily in memory or on users’ hard disks. These methods allow us to collect various types of information, including pages that Users visit. Users may disable these cookies through the settings contained within their browser software.
CAUTION: Because some cookies may be automatically retained for Platform authentication, if Users use a public computer, Users must close their sessions on the Platform after each use.
- PROTECTION OF YOUR PERSONAL INFORMATION
- The security of User information is important to us. Novartem takes technical, contractual, administrative and physical security measures to protect the personal and confidential information that Users provide to us.
- The following measures will be taken by Novartem and the Users acknowledge that these are adequate means in this respect:
- Access to Novartem servers is protected by SSH keys, an encrypted protocol to communicate with servers.
- The passwords used on the Platform and in the Novartem system are encrypted.
- Novartem undertakes to grant access to the Platform and its content only to its employees, collaborators, subcontractors, officers and administrators who need access to it for the purpose of rendering Users With the Platform, and these will be required to respect their confidentiality.
- Novartem and the Users undertake to respect and ensure respect for the confidentiality of information of every kind concerning the other by the members of their staff, collaborators, subcontractors, officers and administrators A party whom they have been aware of only in connection with the conclusion or execution of the present agreement, except information that has been obtained in the public domain or obtained by third parties by legitimate means, and On the Conditions of Use and its possible endorsements, with the exception of the obligation to state them in order to ensure its execution.
- Novartem undertakes at all times to comply with the laws and regulations applicable to its activity and to take all necessary and necessary measures to detect and prevent the negligence, fraud and theft of users’ personal information.
- Despite the implementation of security measures, no mode of transmission or retention of information is completely hermetic. Novartem does not offer any guarantee results with respect to the integrity or security of electronic communications with Users and Users agreeing to receive unencrypted Novartem electronic communications. In addition, Novartem does not guarantee the security of your personal information.
- STORAGE OF PERSONAL INFORMATION
- Personal information stored on the Platform is hosted on secure servers located in the state of New York, USA.
- DISCLOSURE OF PERSONAL INFORMATION
- When we advertise, we reserve the right to share User information with Advertisers or sell this information. We may disclose information to advertisers after removing the name and any other information that would identify the Users or combine them with other information so as to no longer permit identification.
- LINKS TO OTHER SITES AND ADVERTISING
- One of our services may contain links to other websites. We try to link only to sites and services that share our high standards of privacy, however we are not responsible for content published outside of sites, or for privacy practices used by other companies or websites . This policy applies only to Novartem.
- The User agree to have his kiosk published and promoted on different place like social pages, websites or any other mediums that Novartem might find relevant to promote the platform and its users.
- ACCESS TO YOUR PERSONAL INFORMATION
- Novartem, subject to certain exceptions, may notify Users of personal information about them, the use made of it and the fact that it has been communicated to third parties. Users may also have access to this information for any modification or deletion.
- Users’ access requests must be made by e-mail and sent to Novartem at email@example.com
- We will acknowledge receipt of the User’s request by e-mail. We may ask Users to confirm their identity before providing us with this information. In principle, access to this information will be provided free of charge, but if Users request a copy or transmission of their information, we may charge a reasonable fee. We will inform the Users of the amount in advance and give them the opportunity to withdraw their application. We will give Users access to their information within thirty (30) days of receipt of their request or we will provide a notice by email to notify them that additional time is required to respond to their request.
- In some cases, we may be unable to provide access to information about Users in whole or in part. If we are unable to do so or if the law does not permit us to do so, we shall provide an explanation to the Users and indicate the other measures available to them.
- UPDATING INFORMATION
- In the event that the information provided to us by Users has changed, Users are responsible for updating such changes in the Platform. If you have any questions, please contact Novartem at firstname.lastname@example.org
- QUESTIONS OR COMMENTS
- If Users have any questions about this Policy or if they wish to access their personal information or to change any consent regarding the use or disclosure of their personal information, Users must contact Novartem by sending An email to Novartem at email@example.com
- SALES POLICY
- CONDITIONS OF SERVICE
- The Platform is a neutral space of connection and Novartem is not a Seller.
- The Seller and the Buyer acknowledge and agree that Novartem is not party to any agreement between them. Novartem has no control over the quality, safety, legal aspects of the Transactions or the behavior of Sellers, Buyers or any other User of the Platform. Novartem disclaims any liability in this respect, to the fullest extent permitted by law.
- As Novartem is not a party to the Transaction or any step leading to it, the User acknowledges and agrees that Novartem has no control over the accuracy of the products or services offered by Sellers, product descriptions And goods displayed by the Sellers, and the ability of Sellers to perform the Services and / or sale of goods and goods. In no event will Novartem guarantee to the User that the Services will actually be rendered or that the Transactions will actually be concluded.
- The User acknowledges and accepts that he / she is making Services, Services and Transactions at his / her own risk.
- OPERATION OF THE PLATFORM
- Novartem offers a tool for research and selection of companies and artisans working in the fields of making and selling costumes, thematic accessories, or any other crafts from any chosen artisan’s fields which can fit within our offer, in order to put the Seller and the Buyer in a business relationship.
- There is no charge for registration of a Vendor or Buyer on the Platform.
- The price that the Seller indicates to the Buyer for the goods or services to be purchased includes the applicable taxes, the price of the Commission to be paid to Novartem, as well as the delivery and transport costs.
- The Vendor is solely responsible for the information and terms and conditions that it inscribes for its products or services. It is its sole and exclusive responsibility to comply with applicable laws and regulations.
- After having selected the desired products or services, the Buyer must proceed to the payment online with a valid Method of payment. A confirmation of purchase and an invoice is then sent to the Buyer to his e-mail.
- Before accepting any offer of services, it is the Buyer’s sole responsibility to verify with the Seller the conformity of the offer of Services. It is also the Buyer’s sole responsibility to take the necessary steps with the Seller to ensure the quality and quantity of the services and / or goods he wishes to order, before the conclusion of any transaction.
- By completing the Transaction, the Purchaser acknowledges having verified the quantity and the quality of the services and / or goods ordered, and declares itself completely satisfied.
- TERMS OF PAYMENT
- Transactions concluded through the Novartem Platform must be settled by one of the following service : PayPal account of the Users.
- The User agrees to have a sufficient balance on the chosen Payment Method in order to complete the total payment.
- Novartem undertakes to analyze the cases of “chargebacks” of credit card providers of Buyers that have been made against the Sellers. Please note that the results of the Novartem share in relation to the chargebacks may vary according to the different reasons for repayment. However, when the situation permits, Novartem agrees to remit part of the sum or the total sum of the purchase to the Sellers concerned.
- Any order made by a Buyer may be canceled by the Purchaser only in special circumstances at the discretion of Novartem. For any errors or questions, please contact us as soon as possible after confirmation of your order. Novartem reserves the right to cancel any order for reasons of fraud or suspected fraud.
- A user may not offer another user to pay, or make payment using any method other than through Novartem site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support at firstname.lastname@example.org.
- SHIPPING AND HANDLING
- Shipping and handling charges, including packaging and preparation costs, are invoiced by the Seller to the Buyer.
- Each Seller is solely responsible for the said costs, and it is the responsibility of each Buyer to obtain them from the Seller concerned.
- REPAYMENTS AND EXCHANGES
- The Purchaser shall be solely responsible for ensuring the quality of the goods or services purchased by means of photos, videos or other evidence that he may request from the Seller prior to the delivery of the goods or services. Novartem excludes its responsibility for the quality, defects or good performance of the good or service.
- Any request for reimbursement must be made directly to the Seller and Novartem can not be held responsible for the refunds and reimbursements of handling charges as well as the Commission paid by the Sellers.
- Any exchange request must be made directly to the Seller.
- For questions regarding refunds and exchanges, please contact Novartem at email@example.com
- OBLIGATIONS, EXCLUSION OF WARRANTIES AND DISCLAIMER OF LIABILITY
- Novartem provides Users with a platform enabling them to conclude Transactions between them. Novartem is not a party to any of the Transactions entered into through its Platform.
- Novartem offers no guarantee of results with regard to searches for services and / or goods carried out by the Users.
- Novartem has no control over the ability of Sellers to render the services and / or deliver the goods they advertise on the Platform.
- Novartem does not guarantee the availability of services and / or goods advertised and / or otherwise displayed by the Sellers on its Platform.
- It is the responsibility of each Buyer to verify with the Seller concerned the conformity of the services and / or goods that are the subject of the transaction to be concluded. In order to do so, Novartem makes available to the Users a messaging system by which they can exchange photos in digital format in order to verify the conformity of the products and / or services which are the subject of the transaction to be concluded. The Vendors undertake to deliver to the Buyers goods and services free of any defect.
- Novartem can not be held responsible for any service and / or defective. In the event of a defect, the Buyers are requested to contact the Vendors in order to obtain a repair and to settle it out of court. Any User wishing to obtain a refund and / or obtain a discount for a service and / or property sold that is defective must apply directly to the Seller concerned.
- Novartem can not be held liable for any damage arising from the use of services and / or goods purchased through its Platform.