Last Updated: December 11th, 2024
PLEASE READ THESE TERMS CAREFULLY, AS THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING THE ACCESS, USE AND PURCHASE OF EDITÉ STYLING SERVICE.
These terms and conditions (the “Terms”) form an agreement between Edité Inc. (“Edité,” “we” “our,” or “us,”) and the client (“you”) and govern your use and purchase of the Edité services and our website. The Edité services enable you to place orders (each an “Order”) for the purchase of personal video and in-person consultations (“Consultations”) with expert fashion stylists and editors (the “Stylists”) through our website (the “Site”) https://theedité.com (the “Edité Services”).
ACCEPTANCE OF THESE TERMS.
By clicking “I AGREE” or similar electronic acceptance you expressly (i) acknowledge that you have read, understand, and you agree to be bound by all the terms and conditions set forth in these Terms, including, without limitation, any additional terms, policies or agreements specified and/or referenced below or otherwise incorporated into these terms; and (ii) affirm, represent and warrant that you meet all of the eligibility requirements set forth herein and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
YOU MAY NOT ACCESS OR USE EDITÉ SERVICES (INCLUDING BOOKING A CONSULTATION) IF YOU DO NOT AGREE TO THESE TERMS, DO NOT HAVE THE REQUISITE AUTHORITY, OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 2 BELOW.
YOU MAY DOWNLOAD, SAVE, AND PRINT A COPY OF THESE TERMS FOR YOUR REFERENCE.
ELIGIBILITY.
You may generally visit and browse the Site if you are at least 13 years of age; however, you must be at least 18 years old or the age of majority in your jurisdiction to create an account to use Edité Services (an “Account”) and to purchase Consultations. You affirm and represent and warrant that you are 18 years old or the age of majority in your jurisdiction, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Edité Services are operated by Edité in Canada and are intended for users residing in Canada and in the United States only. Access from outside these countries is not permitted.
1. MODIFICATIONS
1.1. Terms. Edité reserves the right to update or modify these Terms at any time. Except as stated below with respect to material changes, all updates and modifications to these Terms will be effective from the day they are posted online at https://theedité.com/Terms and Conditions. If we make any material changes to these Terms, we will post a prominent notice of the changes on the Site. In addition, if we have an email address on file for you, we may notify you of these changes by sending a notification to the applicable email address. Material changes to these Terms) will become effective on the date set forth in the notice. It is your responsibility to regularly visit and review these Terms for updates, changes and modification. If you do not agree to any updates or modifications to these Terms, simply do not use or access Edité Services or purchase any Consultations, and, if applicable, terminate your user account. If you continue to access or use Edité Services (or any part thereof) or purchase Consultations after the applicable effective date of the revised Terms, that will constitute your acceptance of the revised Terms.
1.2. Edité Services. Édité reserves the right to change any of the content created by or on behalf of Edité and Third Party Content which is made available through or in connection with the Edité Services and the Site, including the right to remove or add Stylists available through the Edité Services (collectively the “Content”) at any time, and from time to time, without notice.
2. SERVICES, FEES AND RESCHEDULING.
2.1. Consultations. Edité Services enables you to connect with Stylists and purchase Consultations from Stylists and receive personalized virtual suggested shopping cart (“Personalized Edit”) curated by the Stylist. When placing anOrder you acknowledge and agree that you will be required to and shall pay the applicable fees for the Consultation purchased by you specified in the Order submitted by you to engage such Stylists (the “Consultation Fees”). You acknowledge and agree that the Services are intended for your personal use only. You may not record the Consultation or share any information or advice provided by the Stylist as part of the Consultation or within the Personalized Edit with the public, including on social media platforms.
2.2. No Purchase of Products or Goods. Edité does not sell any products or goods, including any of the items featured in your Personalized Edits. If you choose to purchase any item included in your Personalized Edit or made available through Third Party Links and Ads we publish or make available, your purchase will directly with the third party retailer and be subject to the terms and conditions of the such retailer, including their return and refund policies. Please read the retailer’s terms and conditions carefully before completing any purchase.
2.3. Fees and Payment terms – non refundable. The Consultations Fees payable by you ARE IN US DOLLARS and shall be as set forth in the applicable Order and payable in full at the time you place the Order. Except in situations where the Stylist fails to honor the Consultation or if you have not received your Personalized Edit from the Stylist within fourteen (14) days of your Consultation, THE CONSULTATION FEES ARE NON-REFUNDABLE. You agree that your Order is an offer to purchase the Consultation, under these Terms. The price charged will be stated in your Order confirmation. Displayed prices do not include taxes. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your Order. We reserve the right to decline Orders, in whole or in part, at our sole discretion, even if we have sent you a confirmation email with your Order number and details of the items ordered. If your Order is not accepted, in full or in part, we will refund any amounts paid for the Consultations that were not accepted.
2.4. Rescheduling. You acknowledge and agree that we, including our Stylists, may, no later than forty-eight (48) hours before the scheduled Consultation, request to reschedule a Consultation with the same Stylist or, if unavailable, an alternate Stylist. . You may also request to reschedule your Consultation no later than seventy-two (72) hours before the scheduled Consultation. The re-scheduling must occur within thirty (30) days of the originally scheduled date
3. ACCOUNTS; COMMUNICATIONS
3.1. Accounts. To access and use certain features of Edité Services you may need to create and register an Account. In registering an Account, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not (a) create an Account using a false identity or information, and (b) create an Account or use Edité Services if you have been previously removed or banned by us from use of Edité Services, or any part thereof. Edité reserves the right to limit the number of Accounts that can be created from any one computer or mobile device and the number of computer or mobile devices that can access an individual Account.
3.2. Account Security. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your Account. You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your Account.
3.3. Electronic Communications. By using Edité Services, you consent to receiving electronic communications from Edité, including, notices posted on our Site, or sent to you via email or other contact information you have provided. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of Edité Services and/or purchase of Consultations, and are part of your relationship with Edité.
4. USE OF EDITÉ SERVICES
4.1. Limited Rights to Access the Edité Services and Site. Subject to your compliance with these Terms, we hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Edité Services, the Site and view the Content, made available through the Site, in each case on a non-commercial basis, and otherwise in accordance with these Terms.
4.2. Acceptable Use. By using Edité Services, you agree that you will not, and will not permit any other person to:
a) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use the Content and information contained on or obtained from or through the Edité Services;
b) engage in any behavior in connection with your use of Edité Services, Content and/or any Consultations, that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, infringing, libelous, tortious, or otherwise objectionable in Edité’ s reasonable opinion;
c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
d) Operate to defraud Edité stylists, other users, or any other person or provide false, inaccurate or misleading information;
e) Access and/or use Edité Services (or any part thereof), Content, and/or any Consultations for the purpose of developing competitive products or services;
f) Use Edité Services or Content, in violation of these Terms and any applicable laws, rules, regulations;
g) use any robot, spider, scraper or other automated means to access the Edité Services;
h) insert any code or product or manipulate the Content and/or the Edité Services in any way;
i) use any data mining, data gathering or extraction method;
j) upload, post, e-mail or otherwise share, send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Edité Services, including any software viruses or any other computer code, files or programs.
We may terminate or restrict your use of the Édité Services if you violate these Terms or are engaged in illegal or fraudulent use of the Edité Services.
4.3. Feedback. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of Edité Services, Content, Stylists, and/or Consultations, including, without limitation, the functioning, features, and other characteristics of the Site, Edité Services, and/or Content (or any component thereof) may be used by Edité without compensation or attribution to you, and you hereby grant Edité, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all your intellectual property rights in and to such Feedback, for Edité to use and exploit for any purpose.
5. PRIVACY.
You agree that the Privacy Policy, available for review at policy https://www.theedité/privacy (the “Edité Privacy Policy”) shall apply to your use of the Edité Services and Site. You hereby consent to the collection, use and disclosure by Edité, its service providers, Stylists and agents of your personal information collected in connection with provision and/or use of the Edité Services, for the purposes identified in these Terms and the Edité Privacy Policy.
6. PROPRIETARY RIGHTS.
As between you and Edité, Edité and its licensors, including as applicable the Stylists, retain all right, title and interest in and to the Edité Services and Content, including, but not limited to, the visual interfaces, interactive features, graphics, design, compilation, our selection, coordination, aggregation, and arrangement of Content, computer code, products, software, aggregate star ratings, and all other elements and components of Edité Services, and any and all modifications, enhancements and updates to any of the foregoing. All Edité trademarks, tradenames, service marks, logos and branding are strictly owned by Edité, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any trademark, tradename, service mark, logo and/or branding of Edité and/or Stylist without written authorization from Edité. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through Edité Services and/or Content may be the trademarks of their respective owners. Edité reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by Edité. Edité Services (and its underlying technology) and Content are protected by copyright, trademark, patent, intellectual property, and other laws of Canada and, as applicable, foreign countries.
7. Third party Content & Linked sites.
We may publish or make available content that originates from, is owned by, or provided by third parties (“Third Party Content”) on or through the Platform, as well as links or advertisements to certain third party websites, products, and services (collectively the “Third Party Links and Ads”). We may receive payment or a commission if you purchase any services, products, or goods offered by or through the providers of such Third Party Links Sites and Ads. However, the Linked Sites & Ads, and the applicable services, products, or goods offered are not controlled or owned by Edité. If you decide to use such Third Party Links and Ads or purchase any services, products, or goods through them, you acknowledge and agree that your use and purchases are governed solely by the terms and conditions and privacy policy of the respective providers of such Third Party Links and Ads, and their associated services, products, or goods. Please read the applicable terms and conditions and privacy policy of the respective third party providers carefully before completing any purchase. Edité disclaims all liability for any purchase you make from third party retailers, including through Third Party Links and Ads).
8. INDEMNIFICATION.
You agree to, and shall indemnify, defend and hold harmless Edité, its employees, contractors, service providers, Stylists, and/or agents, from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Terms; (b) failure to perform and/or comply with your obligations and responsibilities applicable to any Consultations purchased by you; (c) your use or alleged misuse of Edité Services (or any part thereof) and/or any Content; and (d) your use and/or misuse of the Consultations you purchase. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter othrwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
9. DISCLAIMERS OF WARRANTIES & LIMITATIONS ON OUR LIABILITY
9.1. Disclaimer of Warranties. EDITÉ SERVICES, CONTENT, CONSULTATIONS, AND/OR ANY OTHER MATERIALS PROVIDED BY EDITÉ, ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE”. EDITÉ AND ITS LICENSORS AND SUPPLIERS, INCLUDING THE STYLISTS, HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. EDITÉ AND ITS LICENSORS AND SUPPLIERS, INCLUDING THE STYLISTS, DO NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT EDITÉ SERVICES (OR ANY PART THEREOF), CONTENT OR CONSULTATIONS WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES; (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDITÉ, ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY STYLIST, OR THROUGH EDITÉ SERVICES ANY CONTENT, AND/OR CONSULTATIONS, SHALL CREATE ANY WARRANTY.
9.2. Identity Disclaimer. Please note that Edité does not currently conduct any verification of or background checks on any Stylists. Edité does not represent, warrant or guarantee the identity of any Stylists and whether any Stylists are trustworthy. You are solely responsible for making your own decisions about the suitability of Stylists whom you contact, communicate, transact or interact with in connection with your use of Edité Services, including, but not limited to, any Consultations.
9.3. Limitation of Liability.
a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NEITHER EDITÉ NOR ITS SUPPLIERS (INCLUDING THE STYLISTS) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT EDITÉ OR ITS SUPPLIERS (INCLUDING THE STYLISTS) ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES, THE CONSULTATION OR THE CONTENT.
b) WITH RESPECT TO ANY DIRECT DAMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF EDITÉ OR ITS SUPPLIERS (INCLUDING THE STYLISTS) IN CONNECTION WITH OR UNDER THESE TERMS OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES, THE CONSULTATIONS, THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES, THE CONSULTATIONS OR THE CONTENT IS LIMITED, IN THE AGGREGATE, TO AN AMOUNT EQUIVALENT TO THE CONSULTATION FEE PAID BY YOU UNDER THE APPLICATION ORDER WITH RESPECT TO THE CONSULTATION GIVING RISE TO THE CLAIM OR LIABILTY.
The limitation above reflects the allocation of risk between you and Edité. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
10.GOVERNING LAW AND JURISDICTION.
These Terms shall be governed by the laws of the Province where you reside and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. The courts of the Province of Ontario shall have exclusive jurisdiction to entertain any action arising under these Terms, and you hereby accept and irrevocably submit to the jurisdiction of the courts of Ontario and acknowledge their competence and agree to be bound by any judgment thereof.
11. GENERAL PROVISIONS.
Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right. If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability, or validity of the remainder of the provisions set forth in these Terms. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and/or its performance shall be construed as creating a joint venture or agency between Edité and you. Edité may delegate the performance of any services hereunder to its affiliates and contractors. These Terms, including, but not limited to, the Privacy Notice, Purchase Terms and Conditions, Return Policy, Text Service T&Cs, Infringement Policy, and any other policies or terms and conditions referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersede all prior oral or written agreements or communications with regard to the subject matter described. Any notice to you may be provided by email. Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event beyond the reasonable control of such party.
12.QUESTIONS AND CONTACT. Should you have any questions regarding these Terms, the Edité Services and the Site, you may contact us at concierge@edité.com.
