Privacy & Cookies Policy
Grandmaster Kicks recognize the importance of your personal information. This Privacy Policy sets out how we use and protect information that we collect from our customers, visitors and users (collectively, the “Users”) through, or in association with, its website with a homepage located at www.grandmasterkicks.ca (the “Site”), its products that may be offered from time to time via the Site, its related social media sites, or otherwise through Users’ interactions with Grandmaster Kicks (the Site, products, services, and social media pages, collectively, the “Services”), why we collect information, how we use the information, and to whom and in what capacity we share the information. By accessing the Services, using features of the Services, and/or submitting information to us, you are bound by all terms and conditions in the Terms of Use and this Privacy Policy.
Information you provide: When you register an account or complete a transaction through the Services, we collect some “Personal Information” (that is, any information that can be directly or indirectly associated with you), such as your name, title, email address, phone number, address, billing information and other similar information. You may also provide us with certain Personal Information of other people (e.g., if you are sending a gift to someone else).
Device Identifiers: When you access the Services by or through a device, we may access, collect, monitor and/or remotely store one or more “device identifiers”. Device identifiers allow us to uniquely identify your device and are used to enhance the Services (including sending updates and information from the Services). A device identifier may also be used in conjunction with other Personal Information.
Analytics: When you access our Services, we may collect information (either directly or using third party services) using logging and cookies which can sometimes be correlated with Personal Information. We use this information to monitor and analyze use and interest in the Services. See the section on “Service Providers” for more detail in this respect.
Log data: As with most website and technology services delivered over the Internet, our servers automatically collect information when you access or use our Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Services, the purchases that you make, the products you view, browser type and settings, the date and time the Services were accessed, information about browser configuration and plugins, language preferences and cookie data.
Cookie Information: A cookie is a text file stored locally on a User’s device by the User’s web browser, which enables the browser to remember passwords, orders, preferences, and other information when visiting a website. We use cookies and similar technologies such as pixel tags and web beacons that help us collect certain usage data about you (such as your preferences and to process shopping cart items) (“Usage Data”), which may become Personal Information due to direct association with you. The Services may also include cookies and similar tracking technologies of third parties, which may collect information about you via the Services and across other sites and online services, including social media platforms. Our use of cookies and similar technologies such as pixel tags and web beacons is generally for operational purposes, website performance purposes, enhancing functionality of the Services and advertising. For more details about how we use these technologies, please see the section on “Service Providers” below.
We generally use information that we collect for the purposes of fulfilling our contractual obligations to you, in furtherance of our legitimate interests in operating the Services and our business and/or where you have consented to such usage.
Grandmaster Kicks may use Personal Information for:
Provide, update, maintain and protect the Services and our business
This includes use of Personal Information to support delivery of the Services, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at your request. We may use your email address or phone number to send you notices (including any notices required by law, in lieu of communication by postal mail). If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
Personalize your experience and improve customer service
This includes Personal Information to understand your buying/shopping preferences so that we may be able to advertise other products that you might be interested, to notify you of items left as uncompleted transactions in your shopping cart, and related communications. Your information also helps us to more effectively respond to your customer service requests and support needs. Given this is related to direct marketing, we have a legitimate interest in collecting and using your email and information about your abandoned shopping cart to communicate with you about you uncompleted transaction.
As required by applicable law, legal process or regulation
In certain instances, we may be compelled by law to process your Personal Information to comply with a binding order. We will only do so to the extent reasonably required by that order.
Communicate with you by responding to your transactions, requests, comments and questions
If you contact us, we may use your Personal Information to respond.
Send emails and other communications
Grandmaster Kicks may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our products, and important notices, such as security and fraud notices.
Process transactions, including, billing, account management and other administrative matters
We will use your information to process transactions. This includes processing discount codes provided by our third-party brand ambassadors. We may need to contact you for invoicing, account management and similar reasons, and we use account data to administer accounts and keep track of billing and payments.
Investigate and help prevent security issues and abuse and to otherwise monitor the Site for violations of our policies or applicable laws
To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities and/or attempts to harm our users.
Marketing purposes
We may use the information we collect, including Personal Information, to market our products and services to new and existing customers, and to understand our audience. We may also use your Personal Information to send you marketing messages and may provide such information to third parties to send you information about our products and services. This includes determining your level of engagement with email or promotional marketing materials that are sent to you, including whether you opened an email or promotional marketing materials and/or otherwise engaged with it.
Improve our Site
We continually strive to improve our Site offerings based on the information and feedback we receive from our users and visitors.
We also use Information as otherwise described in this Privacy Policy, permitted by law, or as we may notify you.
The legal basis for the associated processing of your Personal Information is Art. 6 (1)(f) GDPR (balancing of interests, based on our legitimate interest in constantly and profitably improving the content, functionality and attractiveness of the Site by analyzing your usage) as well as Art. 6 (1)(b) GDPR (performance of a contract) and Art. 6 (1) a) GDPR (your consent).
Grandmaster Kicks will not share, transfer and/or disclose your Personal Information to or with third parties, except the following;
We share certain Personal Information with its shipping company, credit card processing company, payment service provider(s), email service provider(s) and other third parties necessary to fulfill an order placed through the website.These third parties are contractually or otherwise legally prohibited from using your Personal Information for promotional purposes or from selling your Personal Information. These third-party service providers may have access to information about you if it is needed to perform their functions for us, but they are not authorized by us to use or disclose such information except as necessary to perform services on our behalf or to comply with legal requirements, and they are required to maintain the information in confidence.
All information voluntarily shared by you through forums, comments, or blog posts is publicly available and your username may be visible by other Users. Grandmaster Kicks is not responsible for any information you submit that can be read by other Users and can be used to send you unsolicited information by other Users.
We may, from time to time, choose to post certain Personal Information about a User for promotional or Service-related purposes; prior to posting said information, we will obtain your consent via email.
We retain your Personal Information for as long as is reasonable or appropriate for the purposes set out in this Privacy Policy. We will also retain and use your Personal Information to the extent necessary or reasonable to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.
By using the Services, you understand and acknowledge that your Personal Information will be transferred to and processed in Canada, which may have different data protection rules than in your country.
Grandmaster Kicks will take steps reasonably designed to treat your Personal Information securely and in accordance with this Privacy Policy, as further described below.
If you are a resident of the European Economic Area (EEA) or of the United Kingdom (UK), you have certain data protection rights under the GDPR and the UK GDPR respectively. Mejuri aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.
In certain circumstances, you have the following data protection rights:
Request access to your Personal Information
(commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you where we are the data controller and to check that we are lawfully processing it.
Request correction of the Personal Information that we hold about you.
This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
Request erasure of your Personal Information.
This enables you to ask us to delete or remove Personal Information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons, which will be explained to you, if applicable, at the time of your request.
Object to processing of your Personal Information
Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground, as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Information.
This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Information to you or to a third party.
We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your Personal Information.
However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA) or the UK as applicable.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure designed to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
For users in the European Economic Area, the United Kingdom, or Switzerland, any changes or modifications will be effective upon your express consent as you will be notified of any changes by virtue of a pop-up, banner, or other notification mechanism when you seek to access the Online Services after we issue a change or modification. Upon consent, the revisions on the Online Services shall apply to all use of the Online Services and all acts or omissions occurring after the effective date of the revised Privacy Policy.
Our Online Services is not intended for children under 13 (16 in the EEA and 18 in the UK). No one under age 13 (16 in the EEA and 18 in the UK) may provide any information to or on the Online Services. We do not knowingly collect personal information from children under 13 (16 in the EEA and 18 in the UK). If you are parent or guardian and learn we have collected or received personal information from a child under 13 (16 in the EEA and 18 in the UK) without verification of parental consent, please contact us.
Grandmaster Kicks implements security measures designed to maintain the security of your Personal Information. These security measures are implemented both during transmission of Personal Information and once received. The security of your Personal Information is important to us. Certain sensitive information submitted, such as credit card information, is encrypted using secure layer technology (SSL). However, no method of safeguarding information is completely secure. While we use measures designed to protect Personal Information, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.
In some instances, the Services might contain links to other third-party sites and services. When you access these other sites or services, you are leaving the Services. We are is not responsible or liable for the activities on, security or privacy practices of, or content on third party sites. We encourage you to read the privacy statements posted on each such third-party site or service.
We may employ third party companies and individuals to facilitate the Services and our provision of products and services through the Site, to provide the Services on our behalf, to perform services related to the Services (as discussed above), to assist us in analyzing how our Services are used, and to assist us with business development and marketing efforts related to the Services (“Service Providers”). These Service Providers may have access to your Personal Information only to perform these tasks on our behalf. Some Service Providers may retain aggregated, anonymized data sets in which the individual may no longer be identified.
We run sweepstakes, competitions and other engagements from time to time and participation may require that you opt in to receive marketing communications from us, among other conditions. You may opt out of receiving marketing or other communications from us at any time by following the steps described below. In the event of any differences between the terms of the engagement and the terms of this privacy policy, the terms of the engagement will take precedence.
You may opt out of receiving marketing or other communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received. Note that, even if you opt out of receiving marketing communications from us, we will still send you order confirmations and other non-marketing related messages.
If your personally identifiable information changes, you may correct, update, or amend your account by making the desired changes on the account profile page found after you log-in at www.grandmasterkicks.ca. If you wish to delete/remove or deactivate your account on the Site, please contact us.
We may amend or update from time to time this Privacy Policy in its sole discretion and without prior notice. Any such amendments or updates will be effective upon our posting of the revised Privacy Policy. Your continued use of the Services following our posting of any revised Privacy Policy will constitute your acknowledgement and acceptance of the amended Privacy Policy.
This policy was last modified January 18, 2023
Website visitors
This website is operated by Grandmaster Kicks Corporation. Throughout the site, the terms “Grandmaster Kicks”, “we”, “us” and “our” refer to Grandmaster Kicks Corporation. We developed this website (the “Site”), including all information, tools, products, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content, and including any agents or representatives of the foregoing.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of the Terms of Service, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, information, tools, products, which are added to the current store located within the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or other applicable jurisdiction of residence, or that you are the age of majority in your state, province or other applicable jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Service, violate any laws in your jurisdiction of residence (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to and permission to use our Service.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Service, use of our Service, or access to our Service or any contact on the Site through which our Service is provided, without express written permission by us.
The headings used in these Terms of Services are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is strictly at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Service.
Certain products may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the online store. We cannot guarantee that your computer or device monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right from time to time on a case-by-case basis in our sole discretion. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services or product or service pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, information, tools, features or other material purchased or obtained by you will meet your expectations, or that any errors in our Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools available through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new products, services, information, features and/or other materials through the Site (including, the release of new tools and resources). Such new products, services, information, tools, features and/or other materials shall also be subject to these Terms of Service.
Certain content, products and services available via our website may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us and you warrant that you have the full legal right and authority to permit us to do so.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Service, the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Your submission of personal information through the store is governed by our Privacy Policy.
Occasionally there may be information on the Site or in our Service that contains typographical errors, inaccuracies or omissions that may relate to product or descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Service, on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in our Service, the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Service, the Site or on any related website, should be taken to indicate that all information in our Service, on the Site or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, territorial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, gender identity, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Service, the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service, the Site or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Service, the Site or any related websites will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our Service, the Site or any related websites will be accurate or reliable.
You agree that from time to time we may remove our Service for indefinite periods of time or cancel our Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, our Service, the Site or any related website is at your sole risk. Our Service and all products and services delivered to you through our Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose (even if we have been advised in advance of such purpose), durability, title, and non-infringement.
In no case shall Grandmaster Kicks Corporation, our directors, officers, employees, affiliates, agents, representatives, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Service or any products, services, information, tools, features or other materials obtained using our Service, or for any other claim related in any way to your use of our Service or any product, services, information, tool, feature or other material including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our information transmitted, or otherwise made available via our website. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Grandmaster Kicks Corporation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the effective date of termination of these Terms of Service shall survive any such termination for all purposes.
These Terms of Service are effective unless and until terminated by either you or us as provided herein. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you permanently cease using the Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service and your permission to use our Services or access the Site at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Service (or any part thereof) and/or the Site.
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect of our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, the Site and any related website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you in respect of our Service shall be governed by and construed in accordance with the laws of the province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. You and we agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded
In the event that there is a dispute, claim, or controversy between you and us, or between you and any other third-party service provider acting on Our behalf with respect to our products, the site or any related websites, arising out of or relating to and federal, state, provincial, territorial or other statutory claims, common law claims, these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration to be held in Vancouver, British Columbia, Canada before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Arbitration Act (British Columbia) Domestic Rules of the British Columbia International Commercial Arbitration Centre (“BCICAC”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. The parties also agree that a party may apply to any court having competent jurisdiction for interlocutory injunctive relief notwithstanding this agreement to arbitrate. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in the Arbitration Act (British Columbia). Each party shall bear its share of the fees payable for the arbitrator and the BCICAC and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES EXPRESSLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this dispute resolution provision is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this dispute resolution provision or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of these Terms of Service.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to by e-mail at hello@grandmasterkicks.ca.
SUPPLEMENTAL SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Grandmaster Kicks Corporation (hereinafter, “We,” “Us,” “Our”) may from time to time offer a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “SMS/MMS Agreement”). By opting in to or participating in the Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify any other terms and conditions, including the Terms of Service or our Privacy Policy, that may govern the relationship between you and Us in other contexts.
Dispute Resolution
In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the program, arising out of or relating to federal, state, provincial, territorial or other statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration to be held in Vancouver, British Columbia, Canada before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Arbitration Act (British Columbia) Domestic Rules of the British Columbia International Commercial Arbitration Centre (“BCICAC”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. The parties also agree that a party may apply to any court having competent jurisdiction for interlocutory injunctive relief notwithstanding this agreement to arbitrate. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in the Arbitration Act (British Columbia). Each party shall bear its share of the fees payable for the arbitrator and the BCICAC and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES EXPRESSLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section 11 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 11 or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any Program.
Florida Law
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to Us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from you (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), as amended from time to time, to the extent the law is otherwise relevant and applicable.
Miscellaneous
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and conditions of this SMS/MMS Agreement and perform your obligations hereunder, and nothing contained in this SMS/MMS Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this SMS/MMS Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this SMS/MMS Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this SMS/MMS Agreement unless explicitly stated otherwise in writing. We reserve the right to change the terms and conditions of this SMS/MMS Agreement from time to time. Any updates to the terms and conditions of this SMS/MMS Agreement shall be communicated to you. You acknowledge your responsibility to review this SMS/MMS Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this SMS/MMS Agreement, as so modified.