Terms and Conditions
Your use of the ‘mirens.com’ website (the “Website“) constitutes your agreement with the terms and conditions outlined below, with any other terms and conditions stated herein, and with any applicable laws. These terms are subject to change without prior notice.
Unless otherwise specified, Mirens Inc. (“Mirens“, or “We“) offers to sell the products featured on this site only in Canada and the United States except for the states of Alaska and Hawaii. Unless otherwise specified, the site is available for visitors outside Canada and the United States only for purposes of information.
Intellectual Property – General
All content included on the site, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Mirens, its affiliates, or its content suppliers, and is protected by Canada and international copyright.
For all user-created content, with the exception of custom design services detailed below, the user grants Mirens a non-exclusive, revocable, sub-licensable, royalty-free, worldwide licence, to use, reproduce and display its respective Intellectual Property for the purposes of providing the Service and to ensure the proper functioning of the Website.
Intellectual Property – Mirens Design Lab
For all user-generated content created through the use of the design service available on the Website (i.e. the Mirens Design Lab), the user hereby irrevocably transfers and assigns all right, title and interest to any such user-generated content and all intellectual property rights associated with said user-generated content (the “Design IP”). Mirens shall retain all ownership and all right, title and interest to the user-generated content and Design IP in accordance with the terms of the Mirens Designer Agreement provided to users during the design submission process.
The Website and its content are provided solely for personal, non-commercial use and for no other purpose. Any downloading or copying of the materials herein is permitted for such personal, non-commercial use only. No right, title or interest in such materials is transferred to you upon such copying or downloading, and such materials may not be transferred, linked, reproduced, retransmitted or otherwise distributed or displayed in a manner non-compliant with the above.
You may only use the Website as permitted by law and authorized in this Agreement, and in accordance with all other policies contained on the Website. Any illegal or unauthorized use terminates the permission or authorization granted by Mirens to use the Website, and any related site. Mirens retains the right to terminate a user’s permission or authorization to use the site without notice.
We have attempted to accurately depict the colours of the products offered on the Website. However, because the colour you see is dependent on your computer monitor, we cannot guarantee that the colour you see will be accurate to a shipped product. Further, some products in this site are of limited runs, are made to order, or otherwise have unique characteristics from item to item, meaning the shipped product will not and is not intended to look an associate product image available on the Website.
We make every attempt to avoid errors in pricing and product information, but mistakes do occur. We reserve the right to correct these errors, and in our sole discretion, to refuse or cancel any order placed for that item made at an incorrect price. All prices listed on this site are in Canadian dollars.
Disclaimer and Limitations of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE MIRENS WEBSITE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MIRENS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MIRENS WEBSITE AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIRENS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MIRENS DOES NOT WARRANT THAT THE WEBSITE, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM THE WEBSITE OR WITH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIRENS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
These Terms and Conditions will enure to the benefit of and be binding upon Mirens and its successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign the Terms and Conditions or any of your rights or obligations hereunder without Mirens’ prior written consent. Mirens may assign these Terms and Conditions or any of its rights or obligations hereunder without notice.
Applicable Law and Venue
By using the Website, you agree that the laws of the Province of Ontario, and the laws of Canada applicable therein, shall govern the Terms and Conditions without giving effect to any conflict of law principles and further agree to attorn to the exclusive jurisdiction of the courts of the Province of Ontario and that the venue for any action, suit, or proceeding arising from or relating to these Terms and Conditions or Mirens products shall be Toronto, Ontario.
For Quebec consumers: These Terms and Conditions and any dispute of any sort that might arise between you and Mirens shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Modification and Severability
Mirens reserves the right to make changes to our site, policies, and Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
5000 Yonge St., Suite 1901
Toronto, Ontario M2N 7E9