Dear Alia Terms of Use
As a purveyor of vintage furniture and décor and a provider of e-design interior decorating services, Dear Alia (“we”, “our”, “us”) value our relationships with our customers (“you”, “your”) and invite you to peruse our goods and services (“Products”) on our website. Our website contains text, images, hyperlinks and videos (“Website Content”). We try to ensure the Website Content is current and accurate, but it may contain errors, so we do not warrant its accuracy or completeness. If we provide hyperlinks to third party websites, although we’ve done our best to ensure our business partners respect your privacy and have adequate security to ensure the protection of your Personal Information, we do not control the content, security or privacy policies of third-party websites. We are not liable for the information shown, processed or hosted by hyperlinked third party websites.
Once you set up an account with us, you have the ability to load and transfer yours or a third party’s content, such as images and text. To protect our other users, you agree that you will use our website solely to purchase and/or use our Products. When you visit our website, regardless of whether or not you have set-up an account with us, you agree not to take actions that may cause us or other users harm (“Violation”):
loading, transmitting, distributing, or storing material or information in violation of any applicable law or regulation
loading, transmitting, distributing, or storing material or information protected by copyright, trade-mark, trade secret or other intellectual property right used without proper authorization
loading, transmitting, distributing, or storing material or information that is obscene, defamatory, constitutes an illegal threat, or violates export control laws
accessing or using data, systems or networks to attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior written authorization from Esprida
monitoring data or traffic on any network or system without express prior written authorization from Esprida
interfering with a service to any user, host or network including, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
forging any TCP-IP packet header or any part of the header information in an e-mail
sending unsolicited mail messages (SPAMMING)
distribute chain letters, or pyramid schemes
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any user’s information or our infrastructure
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other business partners
If you commit a Violation, we may limit, suspend or terminate your account, as well as take technical and legal steps to minimize the impact of your Violation.
Website Content and Trade-marks
In addition to the Website Content, our website contains certain names, words, phrases, domain names, logos, graphics or designs that are the property of and may constitute our trade names or trade-marks, as well as our business partners, including our name, Dear Alia (“Trade-marks”). Unless you get our consent in writing, you are not granted a licence of any kind to the Website Content or Trade-marks. Re-transmission or other copying or modification of the Website Content or Trade-marks may be a violation of federal or common laws. The Website Content and Trade-marks are protected under the copyright and trade-mark laws of Canada and other countries.
Products
As vintage materials, the Products are gently used or restored. Although we do our best to ensure the Products look and operate well, you acknowledge that the Products are provided “as is”. Dear Alia disclaims all warranties and conditions including the implied warranties and conditions of merchantability or fitness for a particular purpose, except where prohibited by law, including the Product colour, discolouration, scratches, dents, operation, variations in size and shape. For Products comprising wood, there may be variations in grain and colour, knots, mineral streaks, pitch pockets. cover darkening of wood or finish, which occurs naturally over time. In some cases, the Products may be unstable or require securing to wall to prevent ‘tip-over’ hazards, for which we will not have any responsibility or liability.
Notices
If you have a question or comment, please send an e-mail to hello@dearalia.com. Notices to you will be provided by e-mail at the e-mail address associated with your account, and deemed given 24 hours after the e-mail is sent to you. If your e-mail is invalid, we may give you notice by regular mail to the address associated with your account, in which case you are deemed to have received notice 3 days after mailing.
Disclaimer and Limitation of Liability
Dear Alia shall not be liable to for any loss of money, goodwill, or reputation, direct, indirect, incidental, special or other consequential damages for your use of our website or Products, or for other links found on our website, including loss of profits, interruption of business, loss of programs or other data on your computer system, even if we are advised of the possibility of these damages. The Website Content is provided “as is”. All warranties, terms and conditions are disclaimed, including the implied warranties and conditions of merchantability or fitness for a particular purpose, except where prohibited by law. If we are found to be liable, our liability to you or to a third party is limited to CDN $100.00, or in the case of the Product, the amount you paid for the Product.
You indemnify us, our officers, directors, agents, subsidiaries, and employees, from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms of Use, including if you commit a Violation.
Governing Law and Jurisdiction
Our website and Website Content (excluding non-Dear Alia websites) is controlled by us, but hosted by a business partner. By accessing our website, you agree that all claims relating to your use of, or access to, our website, shall be governed by the laws of the Province of Ontario, without regard to its conflicts of law principals. You also agree and submit voluntarily to the exclusive jurisdiction and venue of the courts of the City of Mississauga and are responsible for complying with local laws.
Last Updated: December 13, 2022