Terms & Conditions

DORIS HOSIERY MILLS LTD. (REFERRED TO AS "DORIS") WELCOMES YOU TO ITS WEB SITE www.secretlegwear.com (the "Web Site"). YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING SINCE YOUR ACCESS OF THE WEB SITE IS SUBJECT TO THIS AGREEMENT.

YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and Doris, and governs your use of the Web Site. This Agreement also provides benefits to Doris's affiliates, service providers, suppliers and sub-contractors (collectively the "Affiliates and Providers"). By visiting or using the Web Site you signify your acceptance and agreement to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement. If you do not agree with each provision of this Agreement, please do not use the Web Site.

This Agreement is in addition to any other agreement you may have with Doris, including a transaction agreement.

CHANGES TO THIS AGREEMENT

Doris reserves the right, from time to time, in its sole discretion, to change, supplement or amend this Agreement as it relates to your future use of the Web Site, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner. The latest Agreement will be posted on this Web Site, and you are responsible for periodically reviewing the Agreement prior to using the Web Site. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Web Site. Access to this Web Site or use of this Web Site after any amendments have been posted shall constitute your acceptance of the amended terms and conditions.

PERMISSION TO USE THE WEB SITE

You may use the Web Site only if you are a resident of Canada, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Web Site if you live in a jurisdiction where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws. Doris reserves the right to request proof of identification and age.

OWNERSHIP AND PERMITTED USES OF THE WEB SITE

The Web Site (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Web Site) is the property of Doris and its Affiliates and Providers and others, and is protected by Canadian, U.S. and international copyright, trade-mark and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. The Web Site is made available to you for your lawful, personal use only. You may use the Web Site only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Web Site for any other purpose or in any other manner is strictly prohibited.

You may print Web Site pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Web Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Doris. You may not use any of the software that is used in the operation or provision of the Web Site except while you are using the Web Site in accordance with this Agreement.

MISPRINTS, ERRORS, AND PRICES

Although Doris strives to provide reliable and current information through the Web Site, misprints or other errors may occur. Accordingly, Doris reserves the right to change the prices, fees and charges associated with the Web Site at any time and from time to time without any notice or any liability to you or any other person. If you order a product for which the price was incorrectly displayed on the Web Site, or which is unavailable, Doris will provide you with an opportunity to cancel your order.

All prices and other amounts appearing on the Web Site are quoted in Canadian dollars. The total price of your order, which will appear on the completed order form, will include the price of the ordered products plus all applicable taxes and delivery charges. Taxes will be calculated based on the ship-to location, and the sales tax rate in effect at the time of shipping. Delivery charges will be calculated according to the then current delivery charge schedule.

ORDERING AND PAYMENT

The Web Site contains invitations for purchase orders, not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products referenced in your order. Doris will indicate its acceptance of your order by displaying a confirmation page, which you should download and keep for your reference, and by sending a confirmation email to the address specified on your order form. Doris will ship the products you order to the delivery address stated on your order form. Delivery addresses must be in Canada only and cannot be post office boxes or rural routes.

Because Doris strives to fill your order as quickly as possible after it has been accepted, you may not cancel an order after Doris has sent an order confirmation email to your email address. If you wish to cancel an order that has not yet been accepted, you may request a cancellation by sending an email to: ordersinfo@secretlegwear.com or calling 1-877-327-3880. However, Doris may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request will not be effective.

You may pay for your purchase with the following credit cards: VISA, MasterCard, and American Express. The purchase payment will be charged to your credit card only if and when your order is delivered to you.

Doris will not be liable for any loss or damage incurred by you arising from or relating to any delay or failure in performance caused by circumstances beyond Doris's reasonable control or any delay in the delivery of any products you order through the Web Site, where such liability limitation is permitted by law.

YOUR INFORMATION

All information you provide through the Web Site, including payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Doris, its Affiliates and Providers will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Doris or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your information.

POSTED INFORMATION AND SUBMISSIONS

This Web Site may provide features that allow you to post messages and content, to interact with Doris and other users through a message board and to upload files, documents or other materials (collectively, the "Submissions"). When using any of the features of the Web Site which allow you to post, upload or make Submissions, it is a condition of your use of this Web Site that you agree not to:

restrict or inhibit any other user from using and enjoying this Web Site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of Doris imposes an unreasonable or disproportionately large load on the Doris Web Site infrastructure;
post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses;
post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or
use the Web Site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter and/or advertising.

By posting or uploading Submissions to this Web Site, you grant Doris a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose. In addition, you hereby (i) agree to waive all moral rights in any Submission in favour of Doris; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Doris is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on this Web Site will be considered non-confidential.

Doris may review Submissions before they are posted and may refuse to post any Submission to this Web Site. Doris reserves the right, in its sole discretion, to edit or remove any Submission. You acknowledge and agree that Doris may, in its sole discretion, monitor this Web Site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate this Web Site properly or to protect itself or other users of the Web Site. Any such disclosure shall be in accordance with Doris's Privacy Policy.

Doris is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Doris, its directors, officers or employees.

DISCLAIMER, LIABILITY EXCLUSION AND LIABILITY LIMITATION

DISCLAIMER: THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY DORIS AND THE AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DORIS AND THE AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE USE OF THE WEB SITE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (D) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND DORIS AND THE AFFILIATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION: DORIS AND THE AFFILIATES AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND NOTWITHSTANDING THAT DORIS OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON, PROVIDED THAT SUCH LIABILITY EXCLUSION IS PERMITTED BY LAW.
LIABILITY LIMITATION: WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL DORIS OR ANY OF THE AFFILIATES AND PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, EXCEED $100 (CDN) OR THE AMOUNT YOU PAID TO DORIS THROUGH THE USE OF THE WEB SITE, WHICHEVER IS LESS.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Doris, its Affiliates and Providers (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, sustained, incurred or paid by the Indemnified Parties, resulting from any violation of these terms and conditions or any activity related to your use of the Web Site, by you or any other person accessing the Web Site on your behalf. You will assist and co-operate as fully as reasonable required by the Indemnified Parties in the defense of any such claim or demand.

TRADE-MARK INFORMATION

SECRET^®, and other marks and logos appearing on the Web Site are registered and unregistered trade-marks, or trade names owned or licensed by Doris. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names or trade-marks of their respective owners. Any use of the trade-names, trade-marks, and logos (collectively "Marks") displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.

UNSOLICITED COMMENTS

Doris hopes that you find the Web Site to be a valuable service and we welcome your feedback (send comments to consumerinfo@secretlegwear.com). However, Doris does not accept unsolicited ideas, including ideas for new advertising campaigns, new or improved products, services or technologies. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Unsolicited Comments") to Doris.

If you do send Unsolicited Comments to Doris, Doris must have the right to use them. Therefore, you grant (or warrant that the owner of the Unsolicited Comments grants) to Doris and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, assignable, transferable, sub-licensable, right and license to copy, modify, publish, create derivative works from, distribute, publicly display and otherwise use the Unsolicited Comments or any ideas, concepts, know-how or techniques associated with the Unsolicited Comments for any purpose whatsoever. You also agree, represent and warrant that all moral rights in the Unsolicited Comments are waived in favour of Doris and its assigns.

PROMOTIONS, DISCOUNTS AND CONTESTS

From time to time Doris may offer special promotions, coupons, or discounts on products or purchased through the Web Site. All such promotions and discounts are subject to specific terms and conditions. Doris may also make contests available to users of the Web Site. All contests are governed by this Agreement and any specific applicable contest rules which Doris may provide. By participating in a contest through the Web Site, you signify your agreement and acceptance of this Agreement and any applicable contest rules which Doris may provide.

PERSONAL INFORMATION PRIVACY

Doris collects, uses, stores and discloses your personal information in accordance with the Doris Web Site Privacy Policy (referred to as "Privacy Policy"), which is incorporated by reference into this Agreement and may be viewed by clicking here. The Privacy Policy may be changed from time to time in Doris' sole discretion and without any prior notice or liability to you or any other person. Your continued use of the Web Site and receipt or request of any electronic communications subsequent to any changes to the Privacy Policy will signify that you consent to the collection, use, storage and disclosure of your personal information in accordance with the changed Policy.

CONTACTING DORIS

Doris would always like to hear from you. For general questions about our products, you may contact Doris by email, or postal mail as below:

Email:             consumerinfo@secretlegwear.com
Postal Mail:      Doris Hosiery Mills Ltd.
                      3701 Jarry East
                      Montreal, Quebec
                      H1Z 2G1

TERMINATION OF THE WEB SITE AND THIS AGREEMENT

Doris may, at any time and for any reason and in its sole discretion: (a) change, suspend or terminate, temporarily or permanently, the Web Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Web Site, all without any notice or liability to you or any other person. If you breach any provision of this Agreement, you may no longer use the Web Site.

If this Agreement or your permission to access or use the Web Site is terminated by you or by Doris, then: (a) this Agreement will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Web Site, and anything connected with, relating to or arising therefrom; and (b) Doris may continue to use and disclose your personal information in accordance with the Privacy Policy as amended from time to time.

GOVERNING LAW AND DISPUTE RESOLUTION

The Web Site is controlled by Doris Hosiery Mills Ltd. in Montreal, Quebec. This Agreement, the Privacy Policy and all related matters are governed solely by the laws of Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Doris and you arising from, connected with or relating to the Web Site, this Agreement, any transaction conducted through the Web Site or any related matters ("Disputes") must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of all Disputes.

OTHER MATTERS

The provisions of this Agreement will inure to the benefit of and be binding upon each of Doris and its Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent). You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Doris, which may be withheld in Doris's sole discretion. Doris may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.

You (on the one hand) and Doris and its Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted as necessary to carry out the intent of the parties and the other provisions herein shall remain in full force and effect.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

Any rights not expressly granted by this Agreement are reserved to Doris.

This Agreement is subject to change without notice.