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WAYFAIR CANADA LEGAL CENTRE
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ALL CONTRACTS
* Wayfair.ca Full Terms & Conditions
* Privacy Policy
* Terms of Use
* Wayfair.ca's Copyright Policy
* Wayfair.ca Professional Program Terms
* Home Services
* Wayfair.ca Rewards Program Terms
* Wayfair.ca Gift Card Terms and Conditions
* Interest-Based Ads Policy
* Shopping Sustainable Products
WAYFAIR.CA FULL TERMS & CONDITIONS
VERSION 1.27
EFFECTIVE MAY 3, 2022
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TABLE OF CONTENTS
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CONTENTS
* Privacy Policy
* Terms Of Use
* Wayfair.ca's Copyright Policy
* Wayfair.ca Professional Program Terms
* Home Services
* Wayfair.ca Rewards Program Terms
* Wayfair.ca Gift Card Terms and Conditions
PRIVACY POLICY
This Privacy Policy ("Privacy Policy") is designed to help you understand how
Wayfair LLC and its affiliated brands, including Wayfair.ca, Joss & Main,
AllModern, Birch Lane and Perigold ( "Wayfair.ca", "we" or "us" ) collects and
processes the Personal Information that we gather when you use this and any of
our websites (together, the "Site") and our mobile application (the "App," and
together with the Site, the "Service").
Before submitting information to the Service, please review this Privacy Policy
carefully. By using or accessing the Service, you accept the practices described
in this Privacy Policy. If you prefer that we not collect and process
information about you, please do not access the Service.
We do not knowingly collect any Personal Information from children under 13.
Where any such information is inadvertently collected, we will delete the
information as soon as possible. If you believe a child under 13 has provided us
with Personal Information, please contact us here.
INFORMATION WE COLLECT
We collect the Personal Information in connection with your use of the Service,
including:
* Personal Information: "Personal Information" is information about an
identifiable individual, such as your name, email address, telephone number,
payment card information, date of birth, product/buying preferences. We
maintain one or more databases to store your Personal Information and may
retain it as reasonably required to serve you and operate the Service.
Personal Information that we collect depends on how you use the Service,
including creating an online account with us, making a purchase or a return,
contacting us via any customer service method, signing up for a loyalty
program, signing up to receive promotional emails or other communication,
participating in customer research, surveys, contests or promotions, or
otherwise communicate information to us. Providing your Personal Information
to us is your choice. If you choose not to provide us with certain Personal
Information, you may not be able to take advantage of certain features of the
Service; and
* General Information: When you visit the Service, we may collect various
categories of general information ("General Information"), which may include
Personal Information, including browser information, operating system
information, device information, TCP-IP address and the date, time, length of
stay and specific pages accessed during your visits to the Service.
Back to Top
REGISTERING FOR THE SERVICE
If you register to use the Service, we may collect Personal Information
including your name, email address, and telephone number.
You may also register for the Service using another service, such as Facebook.
If you create your Wayfair account by connecting through another service, you
are authorizing us to use public information from that connected account to help
complete your Wayfair profile. Please remember that the manner in which the
service uses, stores, and discloses your information is governed solely by the
policies of such service. We recommend that you review the terms and policies of
that service, including its privacy and data gathering practices. Wayfair shall
have no liability or responsibility for the privacy practices or other actions
of any third party service provider or any other third-party site or service
that may be enabled within the Service.
You may review, update, or modify your account information, including profile
and contact information, at any time by logging into your Wayfair account. You
may also permanently delete your account by contacting us here. Back to Top
ONLINE IDENTIFICATION TOOLS
Like many website providers, we use your IP address to deliver the Service, to
help diagnose problems with our server and provide a better web experience. Your
IP address is used to help identify you and your shopping cart.
We use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize
your experience of the Service and to generate information about Service traffic
and trends. Web beacons collect information such as the type of browser that you
use and your IP address. Web beacons may be used alone or in conjunction with
cookies. Web beacons usually are not visible to you.
We also use cookies to keep track of your shopping cart and for other purposes
like personalizing the Service. A cookie is a small file stored by your internet
browser on your computer. A "session cookie" stores temporary information that
is erased when you close your web browser or turn off your computer. A
"persistent cookie" enables the Service to recognize you when you return to it
and remains stored on your computer until you delete it. Your web browser is
usually set up to initially accept cookies. If you set your browser to reject
cookies, the Service will not be able to recognize your account or to
personalize the content that you see. A "flash cookie," also known as a "local
storage object," is not stored in your browser, unlike other cookies, and
instead placed on your computer by websites that use Adobe Flash. You may
disable flash cookies via your Flash Player preferences or by using third-party
software. We do not and cannot use cookies to gather other information that may
be stored on your hard drive.
Third-party advertising management partners may help us display tailored content
to our customers’ interests and serve interest-based advertising on our behalf.
Wayfair and our advertising management partners may use cookies, web beacons and
other tools to collect information about your activities on the Service, to
deliver advertising on the Service or elsewhere on the Internet based upon your
interests that may be more relevant to you and to measure effectiveness of our
marketing efforts and the Service.
You may "opt out" of receiving some interest-based advertisements by following
the instructions at www.aboutads.info/choices or
www.networkadvertising.org/choices. (An "opt-out cookie" will be placed on your
computer indicating that you do not want to receive interest-based
advertisements. If you delete cookies on your computer, you will need to opt-out
again.) You may opt out of certain interest-based advertisements that use
Wayfair.ca's cookie by clicking here. To learn more about cookies in general,
including how to manage and delete cookies, visit www.aboutads.info. Back to Top
THIRD PARTY FEATURES
The Service also may include an activity feed, social media buttons and widgets,
such as the Facebook "Like" button or the "Share This" button. These features
may collect and display your Personal Information, your IP address and the page
you are visiting on the Service and may set a cookie to enable the feature to
function properly. These features are either hosted by a third party or hosted
directly on the Service and your interactions with them are governed by the
privacy policy of the third party that provides the feature. Back to Top
USE OF SERVICE VIA MOBILE DEVICE
If you use the Service through your mobile device, we may collect your
geo-location information to assist us in fulfilling your order. We will not
share this information with third parties and will only use this information for
the sole purpose of fulfilling your order. You may at any time prevent the
Service from using your location by turning this option off at the device level.
When you use the Service through your mobile device, we also collect device type
and information such as your UUID or a similar unique identifier, and store this
information in log files. We use this information to provide you with the most
up to date application and features, or to advertise or promote products or
services to you that are applicable to your device type. Back to Top
THIRD-PARTY LINKS
We may provide links to third-party websites that we do not own or control. We
are not responsible for the information collection practices of any website that
we do not own or control. We encourage you to review and understand the privacy
practices of third-party websites before providing any information to or through
them. Back to Top
HOW YOUR PERSONAL INFORMATION IS USED, PROCESSED AND DISCLOSED
Except as specified in this Privacy Policy, Wayfair does not rent, sell, trade
or disclose your Personal Information to third parties without your prior
consent. Wayfair may, however, use, process and disclose Personal Information
to:
* send information to customers about orders;
* fulfill your orders;
* process and collect your payments;
* administer "Wayfair Rewards" and other customer loyalty programs;
* send you promotional marketing material about Wayfair’s company and partners;
* produce content for our activity feed feature;
* customize, analyze, adjust and improve the Service to better meet your needs;
* execute a sweepstakes, contest or other promotion;
* enforce Wayfair’s agreements with you;
* provide you with important administrative information regarding the Service,
such as changes to this Privacy Policy and our Terms of Use, rewards and
loyalty programs and other policies;
* prevent fraud and other prohibited or illegal activities; and
* comply with potential requests of law enforcement or data protection
agencies.
We may use your de-identified Personal Information to prepare anonymized,
aggregated data about our users ("Anonymized Data"). We may provide third
parties with Anonymized Data in describing the Service to prospective partners,
advertisers and other third parties, and for all other lawful purposes. As
communicated to third parties, the Anonymized Data does not include any
information permitting the recipient to identify, locate or contact you. Back to
Top
THIRD PARTY SERVICE PROVIDERS
Wayfair employs other companies and individuals to perform functions on our
behalf, such as fulfilling orders, delivering packages, sending postal mail and
email, serving ads on our behalf, providing search results and links, and
processing credit card payments. These third-party service providers have access
to Personal Information needed to perform their functions but may not use it for
any other purpose.
For more information about the manner in which these third parties treat your
Personal Information, please contact us at one of the points of contact set out
below. Back to Top
ACQUISITION OF WAYFAIR
Information about customers is considered an asset of Wayfair and, as such, may
be transferred to another company as part of a merger or acquisition. Back to
Top
BLOGS, REVIEWS AND FORUMS
The Service also may from time to time offer publicly-accessible blogs, customer
reviews or forums. Any information you provide in these areas may be read,
collected and used by others who access them. To request removal of your
Personal Information from blogs, customer reviews or forums, please contact us
here. Please note that in some cases we may be unable to remove your Personal
Information. Back to Top
INVITING OTHERS
You may choose to invite someone else to use the Service by providing his or her
name and email address. We may use this information to send invitations to such
individuals, to track the results of such invitation referrals, and to confirm
qualifying orders attributable to your registered account. Please ensure that
you only submit email addresses of individuals with whom you have a personal or
family relationship and who would want to receive the message from you. Anyone
who receives an email invitation to use the Service may opt out of receiving
such emails in the future by following the opt-out instructions in the email. We
take commercially reasonable steps to implement all opt-out requests promptly,
but those who opt out may still receive communications from us as we process the
opt-out request, or as required for order processing and other purposes. Back to
Top
RETENTION OF PERSONAL INFORMATION
Wayfair retains Personal Information for the period necessary to fulfill the
purposes outlined in this Privacy Policy, unless a longer retention period is
required or permitted by applicable law. Back to Top
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION AND PREFERENCES
If you would like to access, modify or delete any of your Personal Information,
please contact us at the address set out under Contact Us section below with
clear instructions about what you would like access, modify or delete. We will
respond to your request promptly. Back to Top
CHANGING YOUR SUBSCRIPTION PREFERENCES
If you tell us that you do not want us to use your Personal Information to
contact you, Wayfair will respect your wishes. If you are a registered user, you
may change your preferences to receive or not to receive email or other
communications from us by logging in to your account and indicating those
preferences on the "My Account" section of our Service.
You may also instruct Wayfair to stop sending you emails, newsletters or other
information by following the ‘unsubscribe’ instructions provided in the email.
Wayfair may, however, continue to use your Personal Information to contact you
to service your account or as otherwise authorized by law. Please note that if
you use more than one name or email address when communicating with Wayfair or
using the Service, you may continue to receive communications from Wayfair to
any name and/or email address not specified in your opt-out request. Back to Top
INFORMATION FOR VISITORS FROM CALIFORNIA AND OUTSIDE OF THE UNITED STATES
CALIFORNIA RESIDENTS
California law permits individuals who provide Wayfair with Personal Information
and who are California residents to request certain information regarding our
disclosure of Personal Information to third parties for their direct marketing
purposes. To request this information, please contact us here. Back to Top
VISITORS FROM OUTSIDE OF THE UNITED STATES
The Service is hosted in the United States. If you are visiting the Service from
outside the United States, your information may be transferred to, stored and
processed in the United States in accordance with this Privacy Policy and
applicable US laws. Please note that data protection and other applicable laws
of the United States may not be as comprehensive as those laws or regulations in
your country or may otherwise differ from the data protection or consumer
protection laws in your country. When your information is in the United States,
it may be accessed by the courts, law enforcement and national security
authorities in accordance with applicable laws. By using the Service, you
consent to transfer of your information to our facilities as described in this
Privacy Policy. Back to Top
INFORMATION SECURITY
We have instituted reasonable safeguards to help ensure that information
collected is secure. We also take reasonable steps to ensure that third parties
who work with us to make the Site (including the software, applications and
services provided on the Site) available to you agree to protect personal
information that they must access in order to serve you and to honor your
preferences about contacts you receive.
When you send or otherwise transmit your Personal Information to or though the
Sites, we use a variety of security measures in an effort to help protect your
information and online transactions with us.
Please understand, however, that it is possible for third parties to access
information despite our efforts. Without limiting the terms of our Terms of Use
and this Privacy Policy, you understand that we do not guarantee that your use
of the Site and/or information provided by you will be private or secure and we
are not responsible or liable to you for any lack of privacy or security you may
experience. You are fully responsible for taking precautions and providing
security measures best suited for your situation and intended use of the Site.
You also understand that any information provided by you or collected by us or
our agents in connection with your use of the Site will be used in the manner
described in our Terms of Use. Please do not use the Site if you do not agree to
the terms and conditions described in this Information Security section.
If you have any questions about security of the Site, please contact us here.
Back to Top
CHANGES TO OUR PRIVACY POLICY
We may occasionally update this Privacy Policy to reflect changes in our
practices. When we post modifications to this Privacy Policy, we will revise the
"Last Updated" date at the top of this web page. The modified Privacy Policy
will be effective immediately upon posting on the Service. Your continued use of
the Service after the posting of the modified Privacy Policy constitutes your
agreement to abide and be bound by it. If we make any material change, we will
notify you by email (sent to the email address specified in your account) or by
means of a notice on this Service prior to the change becoming effective. We
encourage you to periodically review this page for the latest information on our
privacy practices. If you object to any modification, your sole recourse is to
stop using the Service. Back to Top
QUESTIONS ABOUT OUR PRIVACY POLICY
If you have questions about this Privacy Policy, please contact our Privacy
Officer by email to or by physical mail to:
Wayfair LLC
Attention: Legal Department
4 Copley Place, Floor 7
Boston, MA 02116
Back to Top
TERMS OF USE
Last Updated: January 10, 2019
Welcome to Wayfair.ca!
Wayfair LLC and its affiliated brands, including Wayfair.ca, Joss & Main,
AllModern, Birch Lane and Perigold ("Wayfair", "we" or "us") provide this and
other websites (including applications and other online services that are
accessible through various desktop, tablet and mobile web browsers from time to
time) (collectively, "Sites") subject to your compliance with these Terms of
Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of
Use constitute an agreement between Wayfair.ca and you. We recommend that you
print out a copy of these Terms of Use for your records.
By using the Sites, you affirm that you are able and legally competent to agree
to and comply with these Terms of Use. If you do not agree to these Terms of Use
or if you are not legally competent to agree to them, then you may not use the
Sites.
Please note that these Terms of Use contain provisions that govern the
resolution of claims between Wayfair.ca and you. Please see the Indemnity,
Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections
for complete details.
PRIVACY & SECURITY
Please review our Privacy Policy, which is incorporated into these Terms of Use
and also governs your use of the Sites. To the extent there is a conflict
between the terms of the Privacy Policy and these Terms of Use, the Terms of Use
govern.
Information security is important to Wayfair.ca. We have established reasonable
physical, electronic and managerial safeguards to protect the information that
we collect from or about our users. Wayfair.ca does, however, reserve the right
at all times to disclose any information as Wayfair.ca deems necessary to
satisfy any applicable law, regulation, legal process or governmental request.
Please click here for more information. Back to Top
CHANGES
Wayfair.ca reserves the right, at any time, to change these Terms of Use, our
Privacy Policy and/or the Sites. Your use of the Sites following any such change
constitutes your agreement to follow and be bound by the Terms of Use and/or
Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy
supersede all previous versions, notices or statements regarding the Sites. If
we request, you agree to sign a non-electronic version of these Terms of Use.
We will notify you of any change to these Terms of Use by updating the "Last
Updated" date at the top of this webpage. Back to Top
INTELLECTUAL PROPERTY RIGHTS
The Sites contain valuable trademarks and service marks owned and used by
Wayfair.ca, including but not limited to, WAYFAIR.CA, the Wayfair.ca design
logo, and the tag line "a zillion things home" (collectively, the "Wayfair.ca
Marks"). Any use of the Wayfair.ca Marks without the prior written permission of
Wayfair.ca is strictly prohibited. The arrangement and layout of the Sites,
including but not limited to, the Wayfair.ca Marks, images, text, graphics,
buttons, screenshots, music, digitally downloadable files, and other content or
material (collectively, the "Site Content"), are the sole and exclusive property
of Wayfair.ca.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING
ALL OR ANY PART OF THE SITES IS PROHIBITED.
Wayfair.ca uses a network of independent product and content suppliers,
distributors and other such third parties to supply some of the products and
content advertised on the Sites. All other trademarks, service marks, product
names, package designs and company names or logos associated with these product
and content suppliers, distributors and other such third parties that are not
owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy. Back to
Top
USER-GENERATED CONTENT
From time to time, the Sites permit the submission of content, such as comments,
blogs and product reviews, generated by you and others users ("User Content").
You are solely responsible for your own User Content and the consequences of
posting or publishing it. Any User Content or other material, information or
ideas that you submit to or post or publish on the Sites is non-confidential and
non-proprietary.
By submitting User Content, you represent and warrant to Wayfair.ca that: (i)
your User Content does not violate any copyright, trademark, trade secret,
patent or other intellectual property right, any right of privacy or publicity
of any third party or any applicable law, rule or regulation, (ii) you own or
have the legal right to use and authorize Wayfair.ca to use your User Content,
including written consent to use of any product or the name, voice, likeness or
any other applicable personal rights of each identifiable person featured or
referenced in your User Content and (iii) your User Content does not violate
Wayfair.ca's Acceptable Use Policy set forth below.
As between you and Wayfair.ca, you will retain all of your ownership rights in
and to your User Content. By submitting User Content to Wayfair.ca, you hereby
grant to Wayfair.ca a perpetual, worldwide, non-exclusive, irrevocable,
royalty-free, sublicensable (through multiple tiers) and transferable right and
license to use, reproduce, distribute, edit, modify, translate, reformat,
prepare derivative works based upon, display publicly, perform publicly and
otherwise exploit (including but not limited to over the Internet, broadcast
television or any other uses or media) your User Content, in whole or in part,
including future rights that Wayfair.ca (or its successor) may otherwise become
entitled to that do not yet exist, as well as new uses, media, means and forms
of exploitation throughout the universe exploiting current or future technology
yet to be developed to the maximum extent permitted by applicable law. You also
waive your moral rights to the User Content, and hereby grant each user of the
Sites a non-exclusive license to access your User Content through the Sites and
to use, access, watch, reproduce, distribute, transmit, forward, display and
perform such User Content in whole or in part, to the extent permitted by the
Sites under these Terms of Use.
Wayfair.ca does not endorse any User Content or any opinion, recommendation, or
advice expressed therein. Wayfair.ca reserves the right but is not obligated to
monitor User Content or other content sent to or through the Sites. Wayfair.ca
has the right to refuse, remove or delete any User Content and/or to terminate
any user's access to the Sites if Wayfair.ca determines, in its sole and
absolute discretion, that such User Content or user violates or has violated
these Terms of Use. Wayfair.ca takes no responsibility for and expressly
disclaims any and all liability in connection with User Content. Back to Top
#WAYFAIRCAHOME USAGE
BY USING #WAYFAIRCAHOME, EACH USER AGREES TO PROVIDE WAYFAIR WITH AN
UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE,
WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING
MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH
USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO,
COPYRIGHTS AND TRADEMARK RIGHTS. Back to Top
ACCEPTABLE USE POLICY
By submitting User Content and otherwise using the Sites, you agree not to: (i)
submit any User Content that is protected by or otherwise subject to any third
party intellectual property or proprietary rights (including any privacy and
publicity rights) unless you own or have permission from the rightful owner of
such rights to post such User Content and to grant Wayfair.ca all of the rights
granted herein; (ii) upload, post, e-mail or otherwise transmit any content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, hateful or racially, ethnically or otherwise
objectionable; (iii) use the Sites to harm any person or entity, including
Wayfair.ca; (iv) impersonate any person or entity, including but not limited to,
a representative of Wayfair.ca, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (v) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted to or
through the Sites; (vi) upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, junk mail or any
other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any
content that contains computer viruses or other computer code, files or programs
that interrupt, destroy or limit the functionality of the Sites or any other
computer software or hardware or telecommunications equipment; (viii)
intentionally or unintentionally violate any applicable local,
provincial/territorial, national or international laws, rules or regulations,
including but not limited to those promulgated by the U.S. Federal Trade
Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use
personal information about other users of the Sites without their consent; (x)
use the Sites (including through submission of User Content) to disparage or
make unsubstantiated claims about any person, third party or its/their products
or services; (y) use any of the Sites in any manner that could overburden or
impair any of the Sites or the networks or systems connected to the Sites;
and/or (z) use any device, software or instrumentality to interfere with the
proper working of the Sites or disobey any requirements, procedures, policies or
regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of
the Sites. Violations of system or network security may result in civil or
criminal liability. Wayfair.ca reserves the right to investigate occurrences
which may involve such violations and may involve and cooperate with, law
enforcement authorities in prosecuting users who have participated in such
violations. Back to Top
ORDER ACCEPTANCE
The receipt of an order number or an email order confirmation does not
constitute the acceptance of an order or a confirmation of an offer to sell.
Wayfair.ca reserves the right, without prior notification, to limit the order
quantity on any item and/or to refuse service to any customer. Verification of
information may be required prior to the acceptance of an order. Certain orders
constitute improper use of the Sites and the Wayfair.ca Rewards Program
described below. Wayfair.ca reserves the right, at its sole discretion, to
refuse or cancel any order for any reason. Your account may also be restricted
or terminated for any reason, at Wayfair.ca's sole discretion. Back to Top
OUR PRODUCTS AND PRICES
Prices and availability of products on the Site are subject to change without
notice. The price of the product will be as shown on the order pages when you
place your order. Errors will be corrected when discovered and Wayfair.ca
reserves the right to revoke any stated offer and to correct any error,
inaccuracy, or omission (including after an order has been submitted). We do not
price match. Promotional codes can only be applied during purchase. Customer
Service will be unable to honor any promotional code adjustments post-order.
When we use the Wayfair's Choice badge on a product listing on our Site, it
represents a shortlist of highly-rated, well-priced products we know customers
love. Back to Top
WAYFAIR.CA REWARDS PROGRAM
The Wayfair.ca Rewards Program (the "Rewards Program") is exclusively for users
of the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. When you make a qualifying purchase
at any of the Sites designated as participating sites by Wayfair.ca from time to
time (the "Participating Sites"), you will have the opportunity to earn
Wayfair.ca "Rewards Dollars" equal to three percent (3%) of the net amount paid
for the qualifying purchase. Rewards Dollars may be applied to future purchases
at the Participating Sites in accordance with these Terms of Use. Please click
here for complete Rewards Program details, as may be in effect from time to time
and which are incorporated herein by reference. Back to Top
LINKS TO OTHER WEBSITES
The Sites may contain links to third-party websites ("Other Sites") that are not
under Wayfair.ca's control. Wayfair.ca makes no claim and accepts no
responsibility regarding the quality, nature or reliability of the Other Sites
that are accessible by hyperlinks from the Sites or link to the Sites.
Wayfair.ca provides these links to you as a convenience and the inclusion of any
link does not imply endorsement by Wayfair.ca of Other Sites or any association
with the operators of such Other Sites. You are responsible for viewing and
abiding by the privacy statements and terms of use posted at any third-party
sites. Back to Top
MOBILE DEVICES AND MOBILE APPLICATIONS
If you use a mobile device to access pages of the Sites optimized for viewing
via a mobile device, opt in to receive SMS (text messages) from Wayfair.ca
(as/when available) or using a mobile application, the following additional
terms and conditions ("Mobile Terms") also apply to you. Your access to the
Sites via your mobile device or use of a mobile application confirms your
agreement to these Mobile Terms, as well as the rest of the Terms of Use.
You agree that you are solely responsible for all message and data charges that
apply to use of your mobile device to access the Sites or use of a mobile
application. All such charges are billed by and payable to your mobile service
provider. Please contact your participating mobile service provider for pricing
plans, participation status and details. You understand that wireless through
Wi-Fi or a participating mobile service provider may not be available in all
areas at all times and may be affected by product, software, coverage or other
service changes made by your mobile service provider or otherwise. Additional
terms and conditions may apply to your use of a mobile application, based on the
type of mobile device on which you install and use the mobile application. Back
to Top
COMMUNICATIONS WITH WAYFAIR.CA
For all communications made to or with Wayfair.ca, including but not limited to
feedback, questions, comments, suggestions and the like: (i) you will have no
right to confidentiality in your communications and Wayfair.ca will have no
obligation to protect your communications from disclosure; and (ii) Wayfair.ca
will be free to use any ideas, concepts, know-how, content or techniques
contained in your communications for any purpose whatsoever, including, but not
limited to, the development, production and marketing of products and services
that incorporate such information. Back to Top
INDEMNITY
You agree to indemnify and hold Wayfair.ca and its agents and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of (i) your use of the Sites, including any
User Content you submit, post to or transmit through the Sites, (ii) your
violation of these Terms of Use or (iii) your violation of any rights of another
user. Back to Top
DISCLAIMER OF WARRANTIES
Wayfair.ca intends for the information and data contained in the Sites to be
accurate and reliable but since the information and data have been compiled from
a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You
expressly agree that your use of the Sites and any information contained therein
is at your sole risk. Accordingly, to the extent permitted by applicable law,
WAYFAIR.CA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF
TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not
allow the disclaimer of warranties or conditions so such disclaimers may not
apply to you. Back to Top
LIMITATION OF LIABILITY
IN NO EVENT WILL WAYFAIR.CA OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES,
AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES
PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT
LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR
INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER
CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF
WAYFAIR.CA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to
all content, merchandise and services available through the Sites or other
channels. Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such jurisdictions
liability is limited to the fullest extent permitted by law. Regardless of the
previous paragraphs, if Wayfair.ca is found to be liable, our liability to you
or to any third party is limited to the greater of (a) the amount in dispute not
to exceed the total amount which you paid to us in the twelve (12) months prior
to the action giving rise to the liability or (b) CAD $100.
Regardless of the previous paragraphs, if Wayfair.ca is found to be liable, our
liability to you or to any third party is limited to the greater of (a) the
amount in dispute not to exceed the total amount which you paid to us in the
twelve (12) months prior to the action giving rise to the liability or (b) $100.
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LEGAL DISPUTES
The validity, interpretation, construction, and performance of these Terms of
Use shall be governed by the laws of Ontario, without giving effect to its
principles of conflict of laws.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUÉBEC, YOU
AND WAYFAIR.CA AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR
BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH
AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUÉBEC, any
controversy, claim or dispute arising out of, relating to, or in respect of
these Terms, including their negotiation, validity, existence, breach,
termination, construction or application, or the rights, duties or obligations
of any party, or the rights, duties or obligations of any party derived from or
associated with these Terms (a “Dispute”), shall be referred to and determined
by a single arbitrator in a final and binding arbitration administered by under
the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties
have not agreed upon the arbitrator within 14 days, the parties shall ask the
ADR Institute of Canada, Inc. to appoint a single arbitrator. The seat of the
arbitration shall be the same as the provincial or territorial law governing
these Terms. The arbitration shall be heard in the capital of the seat, unless
the parties agree otherwise. The costs and expenses of the arbitrator shall be
shared equally between the parties. A party to the arbitration has no right of
appeal from any award of the Arbitrator, whether characterized as final,
interim, interlocutory or partial. All Disputes referred to arbitration
(including the scope of the agreement to arbitrate, the law relating to the
enforcement of the agreement to arbitrate, any relevant limitation periods, the
law governing the procedure of the arbitration, the law relating to available
remedies, set-off claims and conflict of laws rules) shall be governed by the
law of the seat, and each party hereby irrevocably consents to venue in the
capital of the seat, and to the jurisdiction of competent courts in the capital
of the seat for all litigation that may be brought, subject to the requirements
for arbitration hereunder, with respect to the terms of, and the transactions
and relationships contemplated by, these Terms. Notwithstanding this provision,
a party to these Terms may take such steps as are permitted or required to
enforce an award made by an arbitrator. The existence of the arbitration and any
element of the arbitration, including any award, shall be confidential and shall
be subject to the provisions of Section 3 (Confidentiality) of these Terms. The
deemed undertaking rule in shall apply. No document or other evidence or
information prepared for or produced by or on behalf of any party to the
arbitration shall be disclosed to any non-party to the arbitration. EACH PARTY
HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING
BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS. You agree
that you will not contest venue, and you waive any rights that you may have to
initiate, transfer, or change the venue of any litigation arising from or
related to these Terms. Back to Top
TERMINATION
Your ability to access and use the Sites remains in effect until terminated in
accordance with these Terms of Use. You agree that Wayfair.ca, in its sole
discretion, may terminate your account and your use of the Sites and may remove
and delete your User Content if Wayfair.ca believes that you have violated or
acted inconsistently with these Terms of Use or for any other reason. Wayfair.ca
also may in its sole discretion and at any time discontinue providing the Sites,
or any part thereof, with or without notice. You agree that any termination of
your access to the Sites may be effected without prior notice and you
acknowledge and agree that Wayfair.ca may bar any further access to the Sites.
Further, you agree that Wayfair.ca will not be liable to you or any third-party
for any termination of access to the Sites.
You may terminate your account by sending a letter stating your intention to
Wayfair LLC, 4 Copley Place, Floor 7, Boston, MA 02116, Attn: Service or an
email to service@wayfair.ca, with the subject line "Termination Request".
The provisions of the Intellectual Property Rights, User-Generated Content,
Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of
Liability, Legal Dispute sections, together with and any other rights and
obligations which by their nature are reasonably intended to survive such
termination, will survive any termination of these Terms of Use. Back to Top
RIGHT TO ACCESS
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm
that you are over age 13. If you are under age 13, you may not access or use the
Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S
REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN
RESPECT OF SUCH TEENAGER'S USE OF THE SITES. Back to Top
OUTAGES
Wayfair.ca periodically schedules system downtime for the Sites for maintenance
and other purposes. Unplanned system outages also may occur. You agree that
Wayfair.ca has no responsibility and is not liable for: (a) the unavailability
of any of the Sites; (b) any loss of data, information or materials caused by
such system outages; (c) the resultant delay, mis-delivery or non-delivery of
data, information or materials caused by such system outages; or (d) any outages
caused by any third parties, including without limitation any companies or
servers hosting any of the Sites, any Internet service providers or otherwise.
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JURISDICTIONAL ISSUES
The Sites are operated by Wayfair.ca from its offices in Boston, Massachusetts,
USA. The Sites are intended for users who reside in the Canada. Wayfair.ca makes
no representations, warranties or conditions that the Sites or any materials
contained in them are valid, appropriate or available for use outside of Canada.
If you access and use the Sites outside Canada, you do so at your own risk and
are responsible for compliance with applicable local laws. Wayfair.ca reserves
the right to limit the availability of the Sites and/or the provision of any
service, program or other product described thereon to any person, geographic
area or jurisdiction, at any time and in our sole discretion. Any software on
the Sites is subject to United States and Canadian export controls and may not
be downloaded or otherwise exported or re-exported: (a) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country
to which the United States has embargoed goods or which is subject to other
applicable U.S. or Canadian trade sanctions; or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using any software
from the Sites, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
Back to Top
GENERAL INFORMATION
No waiver of any provision or any breach of this Agreement will constitute a
waiver of any other provisions or any other or further breach. In the event that
any provision of this Agreement will be illegal or otherwise unenforceable, such
provision will be severed, and the balance of the Agreement will continue in
full force and effect. These Terms of Use set forth the entire Agreement between
you and Wayfair.ca with respect to use of the Sites and supersede any prior
agreements between you and Wayfair.ca relating to such subject matter. The Terms
are not assignable, transferable or sublicensable by you except with
Wayfair.ca's prior written consent. No waiver by either party of any breach or
default hereunder will be deemed to be a waiver of any preceding or subsequent
breach or default. No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms of Use.
Any heading, caption or section title contained herein is inserted only as a
matter of convenience and in no way defines or explains any section or provision
hereof. Wayfair.ca's performance of these Terms of Use is subject to existing
laws and legal process, and nothing contained in these Terms of Use is in
derogation of Wayfair.ca's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Sites or
information provided to or gathered by Wayfair.ca with respect to such use. A
printed version of these Terms of Use and of any notices given in electronic
form will be admissible in judicial or administrative proceedings based upon or
relating to these Terms of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. The parties agree that all correspondence relating
to these Terms of Use must be written in the English language. Back to Top
VIOLATIONS
Please report any violations of these Terms of Use to the system administrator
here. Back to Top
QUESTIONS?
If you have questions, comments or complaints about these Terms or the Sites,
please contact us here (please reference "Questions about the Sites").
Back to Top
WAYFAIR.CA'S COPYRIGHT POLICY
Last Updated: May 17, 2018
This Copyright Policy describes Wayfair.ca's policy of prohibiting any
information or materials that violate another party's intellectual property
rights from appearing on www.Wayfair.com, www.AllModern.com,
www.JossandMain.com, www.BirchLane.com, www.Perigold.com and their related
domains (collectively, the "Site").
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
a copyright owner who believes that material appearing on the Internet infringes
his, her or its rights under U.S. copyright law. Wayfair.ca complies with the
DMCA by responding to notices and counter-notices that meet the then-current
DMCA requirements. Please visit http://www.copyright.gov/ for details about
current DMCA requirements.
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you believe in good faith that material appearing on the Site infringes your
copyright, you (or your agent) may send Wayfair.ca a written notification
pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our
Copyright Agent (identified below), contain all of the information listed below
(and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the
material be removed or that access to it be blocked. Your DMCA Notice must
contain:
1. Identification in sufficient detail of the copyrighted work that you claim
has been infringed. If multiple copyrighted works on the Site are covered by
a single notification, you may provide a representative list of such works
on the Site; however, the representative list must still contain sufficient
detail of the copyrighted works so that we can identify them;
2. Identification of the URL or other specific location on the Site that
contains the material that you claim to be infringing your copyright. You
must provide us with reasonably sufficient information to enable us to
locate the alleged infringing material and comply with your request to
remove or deny access to the material;
3. Your name, address, telephone number and email address (if available);
4. The electronic or physical signature of the owner of the copyright or a
person authorized to act on the copyright owner's behalf;
5. A statement that you have a good faith belief that use of the material on
the Site as you have described in the DMCA Notice is not authorized by the
copyright owner or its agent or the law; and
6. A statement that you swear under penalty of perjury that the information
contained in your notification is accurate and that you are the copyright
owner or that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
You must submit any notification of an alleged copyright infringement to
Wayfair.ca's Copyright Agent by mail or email as set forth below:
Wayfair.ca Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair.ca DMCA Notice")
If you fail to comply with all of the above requirements, your DMCA Notice will
not be valid. Please note that you may be liable for damages, including court
costs and attorneys' fees, if you materially misrepresent that materials on the
Site are infringing a copyright. Back to Top
COUNTER NOTIFICATION
If you believe in good faith that your own copyrighted material has been removed
from the Site as a result of mistake or misidentification, you may submit a
written counter notification letter to Wayfair.ca's Copyright Agent pursuant to
Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification
under the DMCA, your written correspondence must include substantially the
following:
1. Identification of the material that has been removed or disabled and the
location at which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District
Court in which your address is located or in Boston, Massachusetts if your
address is outside the United States;
3. A statement that you will accept service of process from the party that
filed the notification of alleged copyright infringement or the party's
agent;
4. Your name, address and telephone number;
5. A statement that you swear under penalty of perjury that you have a good
faith belief that the material in question was removed or disabled as a
result of mistake or misidentification of the material to be removed or
disabled, or that the material identified by the complaining party has been
removed or disabled at the URL or web location and will no longer be shown
or accessible; and
6. Your physical or electronic signature.
You may submit your counter notification to Wayfair.ca's Copyright Agent by mail
or email as set forth below:
Wayfair.ca Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair.ca DMCA Notice")
Upon receipt of a counter notice, Wayfair.ca's Copyright Agent may send a copy
of it to the original complaining party informing that party that Wayfair.ca may
replace the removed content or cease disabling it. Unless the copyright owner
files an action seeking a court order against Wayfair.ca, the removed content
may be replaced or access to it restored by Wayfair.ca.
You acknowledge that if you fail to comply with all of the above requirements,
your DMCA counter notification will not be valid. Please note that if you
materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs and
attorneys' fees.
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WAYFAIR.CA PROFESSIONAL PROGRAM TERMS
Last Updated: August 22, 2018
The Wayfair.ca Professional Program (the "Wayfair.ca Professional Program") is
exclusively for users of the Sites who have enrolled in the Wayfair.ca
Professional Program in accordance with the terms hereof (“Program Members”).
The Wayfair.ca Professional Program is designed to provide Program Members with
additional benefits and exclusive services.
The terms and conditions applicable to the Wayfair.ca Professional Program (the
“Wayfair.ca Professional Program Terms”) are as set forth herein. Wayfair.ca
reserves the right, at any time and in its sole discretion, to change the
Wayfair.ca Professional Program Terms. When we post material modifications to
the Wayfair.ca Professional Program Terms, we will revise the “Last Updated”
date at the top of this section. Your use of the Wayfair.ca Professional Program
after the posting of any update to the Wayfair.ca Professional Program Terms
constitutes your agreement to be bound by such Wayfair.ca Professional Program
Terms, as revised. We encourage you to periodically review this section for the
latest Wayfair.ca Professional Program Terms. If you object to any update to the
Wayfair.ca Professional Program Terms, your sole recourse is to stop using the
Wayfair.ca Professional Program. Use of the Sites in connection with the
Wayfair.ca Professional Program is subject to Wayfair.ca’s Terms of Use,
including, for example, the provisions applicable to User-Generated Content.
Users of the Sites may enroll in the Wayfair.ca Professional Program here. The
Program Member shall be the business entity itself, and each User who enrolls a
business entity in the Wayfair.ca Professional Program must be authorized to do
so on behalf of such entity. Program Members may have multiple authorized user
accounts. Each Program Member acknowledges and agrees that each authorized user
account shall have access to all information related to such Program Member’s
account and that Wayfair.ca shall have no liability in connection therewith.
Program Members can make account changes by calling (844) 403-5086. Wayfair.ca,
in its sole discretion, may cancel a Program Member’s account at any time, with
immediate effect and without notice, for any reason (including, without
limitation, if Wayfair.ca believes such Program Member has violated these
Wayfair.ca Professional Program Terms or Wayfair.ca’s Terms of Use). The
services and benefits provided through the Wayfair.ca Professional Program are
the sole property of Wayfair.ca and are not the property of any Program Member.
Upon any cancellation or termination of any Program Member’s account, all
services and benefits will be forfeited, and the applicable Program Member will
no longer be able to participate in the Wayfair.ca Professional Program unless,
in the case of a voluntary account cancellation by a Program Member, such
Program Member subsequently re-enrolls in the Wayfair.ca Professional Program.
Wayfair.ca may terminate the Wayfair.ca Professional Program at any time and for
any reason.
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HOME SERVICES
Last Updated: April 9, 2020
Assembly, installation, and professional services you purchase through the Sites
are referred to herein as "Home Services" Home Services are provided by
independent third-party service providers ("Pros"). The Pros are independent
contractors and not employees of Wayfair. Wayfair does not provide the Home
Services itself. Wayfair sometimes arranges for the provision of Home Services
with Pros directly, and sometimes through other parties that contract with Pros
("Partners"), such as Handy and Go Configure. Wayfair may refer customer service
requests regarding Home Services to the Partners. Wayfair makes no guarantee
that it will be able to match you with a Pro. Scheduled Home Services dates and
times are subject to change. Home Services will be performed in a good and
workmanlike manner.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WAYFAIR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME SERVICES OR
THE PROS. YOU AGREE THAT ALL HOME SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND
"AS AVAILABLE" BASIS. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE, YOU AGREE THAT WAYFAIR SHALL HAVE NO LIABILITY IN CONNECTION WITH THE
HOME SERVICES, THAT WAYFAIR IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY
PRO, AND THAT WAYFAIR WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGES, OR
LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE HOME SERVICES.
Wayfair arranges for background checks on the Pros through third-party
background check providers, or obtains contractual guarantees from Partners that
Pros have been background checked. Regardless, you should exercise caution and
common sense when interacting with Pros to protect your personal safety and
property, just as you would when interacting with any person you do not know.
You are responsible for verifying the identity of the Pro upon arrival. You are
responsible for ensuring that the location where the Home Services are to be
performed is safe and secure and that the Pro has free and clear access to such
location.
You must be 18 years of age or older to purchase Home Services. You acknowledge
and agree that you are solely responsible for your decisions relating to the
Home Services. Either you or someone else 18 years of age or older authorized by
you must be present at all times during the performance of the Home Services.
You are responsible for inspecting the Home Services and signing any relevant
forms. If you are not present during performance, the adult present must be
authorized by you to inspect the Home Services and sign any required forms on
your behalf. You agree that products assembled, installed or otherwise worked on
or with by Pros (collectively, "Products") are for home use only and not for
commercial applications or use. You are responsible for designating the location
where Pros assemble, install, and otherwise work on or with the Products.
Wayfair, the Partners, and the Pros make no recommendation, representation, or
warranty regarding the use or location of the Products, including the surface on
which they are installed. You have not relied on any statement made by any of
the foregoing parties in determining the use or location of the Products. You
are responsible for obtaining any required approvals, permissions, permits, and
variances necessary related to the Home Services. You assume all risk, including
any risk of relocation or removal, arising from the use or location of the
Products. You will follow all instructions and warnings relating to the Products
and will ensure that all persons who use the Products do the same.
You shall indemnify, defend, and hold harmless Wayfair, the Partners, and the
Pros, and each of their owners, affiliates, parents, subsidiaries, successors,
assigns, officers, directors, agents, employees, attorneys, insurers, and
representatives (each an "Indemnified Party") from and against any and all
claims, demands, causes of action, proceedings, losses, injury, damages,
expenses, fines, penalties, and costs arising from or in connection with (i) the
use and/or location of the Products; and (ii) your breach or violation of this
Home Services Section. You hereby waive, release, covenant not to sue, and
forever discharge each Indemnified Party from any and all debts, demands,
actions, causes of action, suits, covenants, contracts, agreements, promises,
torts, damages, claims, demands, losses, and liabilities whatsoever of any name
and nature, both in law and in equity, which you now have, ever had, or may in
the future have against any Indemnified Party arising from or in connection with
(i) the use and/or location of the Products; and (ii) your breach or violation
of, or failure to abide by, this Home Services Section.
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WAYFAIR.CA REWARDS PROGRAM TERMS
The Wayfair.ca Rewards Program (the "Rewards Program") is exclusively for users
of the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. Rewards Dollars may be applied to
future purchases at the Sites in accordance with the terms set forth below and
our Terms of Use. Enrollment in the Rewards Program is automatic with
registration at any of the Sites.
PARTICIPATING SITES
* Wayfair.com
* AllModern.com
* BirchLane.com
* JossandMain.com
* Perigold.com (currently participating in the Product Review Program but not
the Referral Program)
MEMBERSHIP BENEFITS
RewardsRewards Dollars EarnedMembers may earn specified "Rewards Dollars" from
1. Referral Program
2. Product Review Program
Redemption PeriodThree months from the date on which Rewards-eligible purchase
is madeMembership FeeNone
REFERRAL PROGRAM
Wayfair's Referral Program is designed to reward existing members ("Sponsors")
with Rewards Dollars for referring new members ("Recipients") to Wayfair.
Wayfair, AllModern, Birch Lane and Joss & Main are participating in this program
and Sponsors can use their Rewards Dollars across all brands. However,
Recipients can only apply their discount to the brand the Sponsor referred them
to. Referral credit amounts may differ by site. Sponsors can refer as many
friends as he or she would like, but will only receive Rewards Dollars for up to
10 successful referrals per month. If a Recipient's qualifying order is
cancelled, Rewards Dollars will be voided. Previous purchases are not eligible
for Rewards Dollars and Rewards Dollars cannot be applied retroactively.
Invitations must be sent to individual recipients. Any attempt to distribute in
bulk is grounds for immediate termination of the Sponsor's account and
deactivation of their personal referral link. Distribution of Rewards bonuses is
subject to moderation in cases of suspected fraud.
PRODUCT REVIEWS PROGRAM
Wayfair's Product Review Program is designed to reward existing members for
writing product reviews on products purchased on Wayfair.com, AllModern.com,
BirchLane.com, JossandMain.com and Perigold.com. Members may be rewarded
specified Rewards Dollars or may be offered other benefits for such reviews.
REDEMPTION OF REWARDS DOLLARS
Wayfair will post all earned Rewards Dollars on your account within a reasonable
amount of time after the confirmed shipment of your qualifying purchase. Rewards
Dollars can be only redeemed and applied as a credit against a purchase from one
of our participating Sites. Rewards Dollars cannot be used to purchase gift
cards, gift certificates, or manufacturer-excluded brands. Rewards Dollars are
not redeemable for cash and cannot be returned for a cash refund, except to the
extent required by law. Rewards Dollars will be automatically applied to your
purchase at Checkout. If you do not wish to redeem Rewards Dollars at the time
of purchase, select "Remove" at Checkout. Rewards Dollars may be combined with
Wayfair promo codes, but not with any other Wayfair promotion, offer, or other
discount. No credits or refunds will be issued for any reason after Rewards
Dollars have been redeemed, including for unused Rewards Dollars, except as
described in "Returns" below. Rewards Dollars can be used against product cost
and shipping cost only. For orders with multiple items, Rewards Dollars will be
applied across all items proportionally based on the dollar amount. Wayfair may
apply other restrictions to or terminate the Reward Program at any time.
RETURNS
If you return an item that was purchased in whole or in part using Rewards
Dollars, the return will be processed in accordance with Wayfair's return and
exchange policy. If the return is accepted by Wayfair, the Rewards Dollars
applicable to the returned item will be credited back to your account.
REWARDS DOLLARS BALANCE
You can check your Rewards Dollars balance at any time by logging in at "My
Account". A valid email address and password are required to view the Rewards
Dollars balance in your account. Wayfair is not liable for any failure, delay or
error in crediting Rewards Dollars to an account. You are responsible for all
activity occurring in or through your account, including the redemption of
Rewards Dollars, whether or not the activity was authorized.
EXPIRATION
Rewards Dollars not used during the applicable Redemption Period will be
forfeited. You may cancel Rewards Dollars by calling (800) 508-1737 and/or
sending an email to service@wayfair.ca, but members recognized on any of the
participating Sites are unable to opt-out of the program.
NON-TRANSFERABILITY AND NON-AGGREGATION OF REWARDS DOLLARS
Rewards Dollars and any other right, obligation or benefit of the Rewards
Program may not be transferred, assigned, sold, traded or bartered by any member
or any other person without Wayfair's prior written consent, which Wayfair may
withhold in its sole discretion, and any attempt to do any of the foregoing
shall be null and void. In addition, Rewards Dollars are for the member's
personal use only. Members may not aggregate Rewards Dollars from multiple
accounts or use Rewards Dollars for the purpose of purchasing products from the
participating Sites on behalf of others or for the purpose of reselling such
products to others.
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WAYFAIR.CA GIFT CARD TERMS AND CONDITIONS
The following terms and conditions (the "Terms") apply to any Wayfair.ca gift
card originally purchased by you or someone on your behalf (the "gift card")
through one of the Wayfair.ca websites. Gift cards are issued by SK Retail, Inc.
(referred to hereafter as either “Wayfair,” “Perigold”, “AllModern,” “Birch
Lane,” “Joss & Main,” “we,” “us,” or “our”). By purchasing a gift card,
accepting and retaining a gift card, or using a gift card, you agree to these
Terms.
* Gift cards do not expire.
* Gift cards are valid in the country and currency in which they were
purchased. Gift cards purchased on Wayfair.com, AllModern.com, BirchLane.com,
JossandMain.com, or Perigold.com can be used interchangeably. Gift cards
purchased on Wayfair.ca can only be redeemed on Wayfair.ca. Gift cards
purchased on Wayfair.co.uk can only be redeemed on Wayfair.co.uk. Gift cards
purchased on Wayfair.de can only be redeemed on Wayfair.de.
* Gift cards cannot be used to purchase gift cards.
* Gift cards are not redeemable for cash and cannot be returned for a cash
refund, except to the extent required by law.
* Gift cards are not re-sellable, and gift card orders cannot be cancelled,
updated or refunded.
* E-gift cards may not be redeemable for up to 4 hours on weekdays, and up to
12 hours on weekends.
* Use of the gift card is limited to the amount of funds held on the gift card.
The full amount of each purchase, including taxes, will be deducted from the
funds held on the gift card, up to the total funds available on the gift
card. Any unused balance will be placed in the recipient's gift card account
and is not transferable. If you make a purchase and there are insufficient
funds held on the gift card to cover that purchase, you must pay the
difference by a valid credit card or debit card.
* The risk of loss and title for gift cards pass to the purchaser upon our
electronic transmission to the purchaser. We are not responsible for and will
not replace lost or stolen gift cards. Protect your gift card as if it were
cash and safeguard the gift card from authorized use.
* Wayfair may provide gift card purchasers with information about the
redemption status of gift cards.
* Wayfair reserves the right to change these Terms from time to time in its
discretion. Such revised terms will be effective as to any gift cards
purchased after the date said revised Terms are posted to the Wayfair
websites.
* Resale of a gift card or use for unauthorized advertising, marketing,
sweepstakes or other promotional purposes is strictly prohibited. Your right
to use the funds on the gift card is a limited right, subject to these Terms
and applicable law. We are not responsible for pricing, typographical, or
other errors, in any offer and reserve the right to cancel any orders
resulting from such errors.
* If we suspect any fraud or misuse in connection with a gift card, we reserve
the right in our discretion to suspend or terminate use of the gift card.
* The consideration paid for the gift card, including any unredeemed balances,
is the property of Wayfair.
* We do not currently collect or maintain any personally identifiable
information regarding the purchasers of the Cards. However, we reserve the
right to obtain personal information about you in accordance with the privacy
policy found here if such information is necessary to service the Card or
respond to your inquiries or for other purposes.
* If any one or more of the covenants, agreements, provisions or terms of these
Terms shall be for any reason whatsoever held invalid, then such covenants,
agreements, provisions or terms shall be deemed severable from the remaining
covenants, agreements, provisions or terms of these Terms shall in no way
affect the validity or enforceability of the other provisions of these Terms.
* These Terms sets forth the entire understanding of the parties relating to
the subject matter hereof, and all prior understandings, written or oral, are
superseded by these Terms. All terms and conditions set forth herein are
applicable to the extent permitted by law.
Back to Top
PRIVACY POLICY
VERSION 1.7
EFFECTIVE MAY 3, 2022
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TABLE OF CONTENTS
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PRIVACY POLICY
This Privacy Policy ("Privacy Policy") is designed to help you understand how
Wayfair LLC and its affiliated brands, including Wayfair.ca, Joss & Main,
AllModern, Birch Lane and Perigold ( "Wayfair.ca", "we" or "us" ) collects and
processes the Personal Information that we gather when you use this and any of
our websites (together, the "Site") and our mobile application (the "App," and
together with the Site, the "Service").
Before submitting information to the Service, please review this Privacy Policy
carefully. By using or accessing the Service, you accept the practices described
in this Privacy Policy. If you prefer that we not collect and process
information about you, please do not access the Service.
We do not knowingly collect any Personal Information from children under 13.
Where any such information is inadvertently collected, we will delete the
information as soon as possible. If you believe a child under 13 has provided us
with Personal Information, please contact us here.
INFORMATION WE COLLECT
We collect the Personal Information in connection with your use of the Service,
including:
* Personal Information: "Personal Information" is information about an
identifiable individual, such as your name, email address, telephone number,
payment card information, date of birth, product/buying preferences. We
maintain one or more databases to store your Personal Information and may
retain it as reasonably required to serve you and operate the Service.
Personal Information that we collect depends on how you use the Service,
including creating an online account with us, making a purchase or a return,
contacting us via any customer service method, signing up for a loyalty
program, signing up to receive promotional emails or other communication,
participating in customer research, surveys, contests or promotions, or
otherwise communicate information to us. Providing your Personal Information
to us is your choice. If you choose not to provide us with certain Personal
Information, you may not be able to take advantage of certain features of the
Service; and
* General Information: When you visit the Service, we may collect various
categories of general information ("General Information"), which may include
Personal Information, including browser information, operating system
information, device information, TCP-IP address and the date, time, length of
stay and specific pages accessed during your visits to the Service.
Back to Top
REGISTERING FOR THE SERVICE
If you register to use the Service, we may collect Personal Information
including your name, email address, and telephone number.
You may also register for the Service using another service, such as Facebook.
If you create your Wayfair account by connecting through another service, you
are authorizing us to use public information from that connected account to help
complete your Wayfair profile. Please remember that the manner in which the
service uses, stores, and discloses your information is governed solely by the
policies of such service. We recommend that you review the terms and policies of
that service, including its privacy and data gathering practices. Wayfair shall
have no liability or responsibility for the privacy practices or other actions
of any third party service provider or any other third-party site or service
that may be enabled within the Service.
You may review, update, or modify your account information, including profile
and contact information, at any time by logging into your Wayfair account. You
may also permanently delete your account by contacting us here. Back to Top
ONLINE IDENTIFICATION TOOLS
Like many website providers, we use your IP address to deliver the Service, to
help diagnose problems with our server and provide a better web experience. Your
IP address is used to help identify you and your shopping cart.
We use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize
your experience of the Service and to generate information about Service traffic
and trends. Web beacons collect information such as the type of browser that you
use and your IP address. Web beacons may be used alone or in conjunction with
cookies. Web beacons usually are not visible to you.
We also use cookies to keep track of your shopping cart and for other purposes
like personalizing the Service. A cookie is a small file stored by your internet
browser on your computer. A "session cookie" stores temporary information that
is erased when you close your web browser or turn off your computer. A
"persistent cookie" enables the Service to recognize you when you return to it
and remains stored on your computer until you delete it. Your web browser is
usually set up to initially accept cookies. If you set your browser to reject
cookies, the Service will not be able to recognize your account or to
personalize the content that you see. A "flash cookie," also known as a "local
storage object," is not stored in your browser, unlike other cookies, and
instead placed on your computer by websites that use Adobe Flash. You may
disable flash cookies via your Flash Player preferences or by using third-party
software. We do not and cannot use cookies to gather other information that may
be stored on your hard drive.
Third-party advertising management partners may help us display tailored content
to our customers’ interests and serve interest-based advertising on our behalf.
Wayfair and our advertising management partners may use cookies, web beacons and
other tools to collect information about your activities on the Service, to
deliver advertising on the Service or elsewhere on the Internet based upon your
interests that may be more relevant to you and to measure effectiveness of our
marketing efforts and the Service.
You may "opt out" of receiving some interest-based advertisements by following
the instructions at www.aboutads.info/choices or
www.networkadvertising.org/choices. (An "opt-out cookie" will be placed on your
computer indicating that you do not want to receive interest-based
advertisements. If you delete cookies on your computer, you will need to opt-out
again.) You may opt out of certain interest-based advertisements that use
Wayfair.ca's cookie by clicking here. To learn more about cookies in general,
including how to manage and delete cookies, visit www.aboutads.info. Back to Top
THIRD PARTY FEATURES
The Service also may include an activity feed, social media buttons and widgets,
such as the Facebook "Like" button or the "Share This" button. These features
may collect and display your Personal Information, your IP address and the page
you are visiting on the Service and may set a cookie to enable the feature to
function properly. These features are either hosted by a third party or hosted
directly on the Service and your interactions with them are governed by the
privacy policy of the third party that provides the feature. Back to Top
USE OF SERVICE VIA MOBILE DEVICE
If you use the Service through your mobile device, we may collect your
geo-location information to assist us in fulfilling your order. We will not
share this information with third parties and will only use this information for
the sole purpose of fulfilling your order. You may at any time prevent the
Service from using your location by turning this option off at the device level.
When you use the Service through your mobile device, we also collect device type
and information such as your UUID or a similar unique identifier, and store this
information in log files. We use this information to provide you with the most
up to date application and features, or to advertise or promote products or
services to you that are applicable to your device type. Back to Top
THIRD-PARTY LINKS
We may provide links to third-party websites that we do not own or control. We
are not responsible for the information collection practices of any website that
we do not own or control. We encourage you to review and understand the privacy
practices of third-party websites before providing any information to or through
them. Back to Top
HOW YOUR PERSONAL INFORMATION IS USED, PROCESSED AND DISCLOSED
Except as specified in this Privacy Policy, Wayfair does not rent, sell, trade
or disclose your Personal Information to third parties without your prior
consent. Wayfair may, however, use, process and disclose Personal Information
to:
* send information to customers about orders;
* fulfill your orders;
* process and collect your payments;
* administer "Wayfair Rewards" and other customer loyalty programs;
* send you promotional marketing material about Wayfair’s company and partners;
* produce content for our activity feed feature;
* customize, analyze, adjust and improve the Service to better meet your needs;
* execute a sweepstakes, contest or other promotion;
* enforce Wayfair’s agreements with you;
* provide you with important administrative information regarding the Service,
such as changes to this Privacy Policy and our Terms of Use, rewards and
loyalty programs and other policies;
* prevent fraud and other prohibited or illegal activities; and
* comply with potential requests of law enforcement or data protection
agencies.
We may use your de-identified Personal Information to prepare anonymized,
aggregated data about our users ("Anonymized Data"). We may provide third
parties with Anonymized Data in describing the Service to prospective partners,
advertisers and other third parties, and for all other lawful purposes. As
communicated to third parties, the Anonymized Data does not include any
information permitting the recipient to identify, locate or contact you. Back to
Top
THIRD PARTY SERVICE PROVIDERS
Wayfair employs other companies and individuals to perform functions on our
behalf, such as fulfilling orders, delivering packages, sending postal mail and
email, serving ads on our behalf, providing search results and links, and
processing credit card payments. These third-party service providers have access
to Personal Information needed to perform their functions but may not use it for
any other purpose.
For more information about the manner in which these third parties treat your
Personal Information, please contact us at one of the points of contact set out
below. Back to Top
ACQUISITION OF WAYFAIR
Information about customers is considered an asset of Wayfair and, as such, may
be transferred to another company as part of a merger or acquisition. Back to
Top
BLOGS, REVIEWS AND FORUMS
The Service also may from time to time offer publicly-accessible blogs, customer
reviews or forums. Any information you provide in these areas may be read,
collected and used by others who access them. To request removal of your
Personal Information from blogs, customer reviews or forums, please contact us
here. Please note that in some cases we may be unable to remove your Personal
Information. Back to Top
INVITING OTHERS
You may choose to invite someone else to use the Service by providing his or her
name and email address. We may use this information to send invitations to such
individuals, to track the results of such invitation referrals, and to confirm
qualifying orders attributable to your registered account. Please ensure that
you only submit email addresses of individuals with whom you have a personal or
family relationship and who would want to receive the message from you. Anyone
who receives an email invitation to use the Service may opt out of receiving
such emails in the future by following the opt-out instructions in the email. We
take commercially reasonable steps to implement all opt-out requests promptly,
but those who opt out may still receive communications from us as we process the
opt-out request, or as required for order processing and other purposes. Back to
Top
RETENTION OF PERSONAL INFORMATION
Wayfair retains Personal Information for the period necessary to fulfill the
purposes outlined in this Privacy Policy, unless a longer retention period is
required or permitted by applicable law. Back to Top
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION AND PREFERENCES
If you would like to access, modify or delete any of your Personal Information,
please contact us at the address set out under Contact Us section below with
clear instructions about what you would like access, modify or delete. We will
respond to your request promptly. Back to Top
CHANGING YOUR SUBSCRIPTION PREFERENCES
If you tell us that you do not want us to use your Personal Information to
contact you, Wayfair will respect your wishes. If you are a registered user, you
may change your preferences to receive or not to receive email or other
communications from us by logging in to your account and indicating those
preferences on the "My Account" section of our Service.
You may also instruct Wayfair to stop sending you emails, newsletters or other
information by following the ‘unsubscribe’ instructions provided in the email.
Wayfair may, however, continue to use your Personal Information to contact you
to service your account or as otherwise authorized by law. Please note that if
you use more than one name or email address when communicating with Wayfair or
using the Service, you may continue to receive communications from Wayfair to
any name and/or email address not specified in your opt-out request. Back to Top
INFORMATION FOR VISITORS FROM CALIFORNIA AND OUTSIDE OF THE UNITED STATES
CALIFORNIA RESIDENTS
California law permits individuals who provide Wayfair with Personal Information
and who are California residents to request certain information regarding our
disclosure of Personal Information to third parties for their direct marketing
purposes. To request this information, please contact us here. Back to Top
VISITORS FROM OUTSIDE OF THE UNITED STATES
The Service is hosted in the United States. If you are visiting the Service from
outside the United States, your information may be transferred to, stored and
processed in the United States in accordance with this Privacy Policy and
applicable US laws. Please note that data protection and other applicable laws
of the United States may not be as comprehensive as those laws or regulations in
your country or may otherwise differ from the data protection or consumer
protection laws in your country. When your information is in the United States,
it may be accessed by the courts, law enforcement and national security
authorities in accordance with applicable laws. By using the Service, you
consent to transfer of your information to our facilities as described in this
Privacy Policy. Back to Top
INFORMATION SECURITY
We have instituted reasonable safeguards to help ensure that information
collected is secure. We also take reasonable steps to ensure that third parties
who work with us to make the Site (including the software, applications and
services provided on the Site) available to you agree to protect personal
information that they must access in order to serve you and to honor your
preferences about contacts you receive.
When you send or otherwise transmit your Personal Information to or though the
Sites, we use a variety of security measures in an effort to help protect your
information and online transactions with us.
Please understand, however, that it is possible for third parties to access
information despite our efforts. Without limiting the terms of our Terms of Use
and this Privacy Policy, you understand that we do not guarantee that your use
of the Site and/or information provided by you will be private or secure and we
are not responsible or liable to you for any lack of privacy or security you may
experience. You are fully responsible for taking precautions and providing
security measures best suited for your situation and intended use of the Site.
You also understand that any information provided by you or collected by us or
our agents in connection with your use of the Site will be used in the manner
described in our Terms of Use. Please do not use the Site if you do not agree to
the terms and conditions described in this Information Security section.
If you have any questions about security of the Site, please contact us here.
Back to Top
CHANGES TO OUR PRIVACY POLICY
We may occasionally update this Privacy Policy to reflect changes in our
practices. When we post modifications to this Privacy Policy, we will revise the
"Last Updated" date at the top of this web page. The modified Privacy Policy
will be effective immediately upon posting on the Service. Your continued use of
the Service after the posting of the modified Privacy Policy constitutes your
agreement to abide and be bound by it. If we make any material change, we will
notify you by email (sent to the email address specified in your account) or by
means of a notice on this Service prior to the change becoming effective. We
encourage you to periodically review this page for the latest information on our
privacy practices. If you object to any modification, your sole recourse is to
stop using the Service. Back to Top
QUESTIONS ABOUT OUR PRIVACY POLICY
If you have questions about this Privacy Policy, please contact our Privacy
Officer by email to or by physical mail to:
Wayfair LLC
Attention: Legal Department
4 Copley Place, Floor 7
Boston, MA 02116
Back to Top
TERMS OF USE
VERSION 1.27
EFFECTIVE MAY 3, 2022
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TABLE OF CONTENTS
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TERMS OF USE
Last Updated: January 10, 2019
Welcome to Wayfair.ca!
Wayfair LLC and its affiliated brands, including Wayfair.ca, Joss & Main,
AllModern, Birch Lane and Perigold ("Wayfair", "we" or "us") provide this and
other websites (including applications and other online services that are
accessible through various desktop, tablet and mobile web browsers from time to
time) (collectively, "Sites") subject to your compliance with these Terms of
Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of
Use constitute an agreement between Wayfair.ca and you. We recommend that you
print out a copy of these Terms of Use for your records.
By using the Sites, you affirm that you are able and legally competent to agree
to and comply with these Terms of Use. If you do not agree to these Terms of Use
or if you are not legally competent to agree to them, then you may not use the
Sites.
Please note that these Terms of Use contain provisions that govern the
resolution of claims between Wayfair.ca and you. Please see the Indemnity,
Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections
for complete details.
PRIVACY & SECURITY
Please review our Privacy Policy, which is incorporated into these Terms of Use
and also governs your use of the Sites. To the extent there is a conflict
between the terms of the Privacy Policy and these Terms of Use, the Terms of Use
govern.
Information security is important to Wayfair.ca. We have established reasonable
physical, electronic and managerial safeguards to protect the information that
we collect from or about our users. Wayfair.ca does, however, reserve the right
at all times to disclose any information as Wayfair.ca deems necessary to
satisfy any applicable law, regulation, legal process or governmental request.
Please click here for more information. Back to Top
CHANGES
Wayfair.ca reserves the right, at any time, to change these Terms of Use, our
Privacy Policy and/or the Sites. Your use of the Sites following any such change
constitutes your agreement to follow and be bound by the Terms of Use and/or
Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy
supersede all previous versions, notices or statements regarding the Sites. If
we request, you agree to sign a non-electronic version of these Terms of Use.
We will notify you of any change to these Terms of Use by updating the "Last
Updated" date at the top of this webpage. Back to Top
INTELLECTUAL PROPERTY RIGHTS
The Sites contain valuable trademarks and service marks owned and used by
Wayfair.ca, including but not limited to, WAYFAIR.CA, the Wayfair.ca design
logo, and the tag line "a zillion things home" (collectively, the "Wayfair.ca
Marks"). Any use of the Wayfair.ca Marks without the prior written permission of
Wayfair.ca is strictly prohibited. The arrangement and layout of the Sites,
including but not limited to, the Wayfair.ca Marks, images, text, graphics,
buttons, screenshots, music, digitally downloadable files, and other content or
material (collectively, the "Site Content"), are the sole and exclusive property
of Wayfair.ca.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING
ALL OR ANY PART OF THE SITES IS PROHIBITED.
Wayfair.ca uses a network of independent product and content suppliers,
distributors and other such third parties to supply some of the products and
content advertised on the Sites. All other trademarks, service marks, product
names, package designs and company names or logos associated with these product
and content suppliers, distributors and other such third parties that are not
owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy. Back to
Top
USER-GENERATED CONTENT
From time to time, the Sites permit the submission of content, such as comments,
blogs and product reviews, generated by you and others users ("User Content").
You are solely responsible for your own User Content and the consequences of
posting or publishing it. Any User Content or other material, information or
ideas that you submit to or post or publish on the Sites is non-confidential and
non-proprietary.
By submitting User Content, you represent and warrant to Wayfair.ca that: (i)
your User Content does not violate any copyright, trademark, trade secret,
patent or other intellectual property right, any right of privacy or publicity
of any third party or any applicable law, rule or regulation, (ii) you own or
have the legal right to use and authorize Wayfair.ca to use your User Content,
including written consent to use of any product or the name, voice, likeness or
any other applicable personal rights of each identifiable person featured or
referenced in your User Content and (iii) your User Content does not violate
Wayfair.ca's Acceptable Use Policy set forth below.
As between you and Wayfair.ca, you will retain all of your ownership rights in
and to your User Content. By submitting User Content to Wayfair.ca, you hereby
grant to Wayfair.ca a perpetual, worldwide, non-exclusive, irrevocable,
royalty-free, sublicensable (through multiple tiers) and transferable right and
license to use, reproduce, distribute, edit, modify, translate, reformat,
prepare derivative works based upon, display publicly, perform publicly and
otherwise exploit (including but not limited to over the Internet, broadcast
television or any other uses or media) your User Content, in whole or in part,
including future rights that Wayfair.ca (or its successor) may otherwise become
entitled to that do not yet exist, as well as new uses, media, means and forms
of exploitation throughout the universe exploiting current or future technology
yet to be developed to the maximum extent permitted by applicable law. You also
waive your moral rights to the User Content, and hereby grant each user of the
Sites a non-exclusive license to access your User Content through the Sites and
to use, access, watch, reproduce, distribute, transmit, forward, display and
perform such User Content in whole or in part, to the extent permitted by the
Sites under these Terms of Use.
Wayfair.ca does not endorse any User Content or any opinion, recommendation, or
advice expressed therein. Wayfair.ca reserves the right but is not obligated to
monitor User Content or other content sent to or through the Sites. Wayfair.ca
has the right to refuse, remove or delete any User Content and/or to terminate
any user's access to the Sites if Wayfair.ca determines, in its sole and
absolute discretion, that such User Content or user violates or has violated
these Terms of Use. Wayfair.ca takes no responsibility for and expressly
disclaims any and all liability in connection with User Content. Back to Top
#WAYFAIRCAHOME USAGE
BY USING #WAYFAIRCAHOME, EACH USER AGREES TO PROVIDE WAYFAIR WITH AN
UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE,
WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING
MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH
USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO,
COPYRIGHTS AND TRADEMARK RIGHTS. Back to Top
ACCEPTABLE USE POLICY
By submitting User Content and otherwise using the Sites, you agree not to: (i)
submit any User Content that is protected by or otherwise subject to any third
party intellectual property or proprietary rights (including any privacy and
publicity rights) unless you own or have permission from the rightful owner of
such rights to post such User Content and to grant Wayfair.ca all of the rights
granted herein; (ii) upload, post, e-mail or otherwise transmit any content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, hateful or racially, ethnically or otherwise
objectionable; (iii) use the Sites to harm any person or entity, including
Wayfair.ca; (iv) impersonate any person or entity, including but not limited to,
a representative of Wayfair.ca, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (v) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted to or
through the Sites; (vi) upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, junk mail or any
other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any
content that contains computer viruses or other computer code, files or programs
that interrupt, destroy or limit the functionality of the Sites or any other
computer software or hardware or telecommunications equipment; (viii)
intentionally or unintentionally violate any applicable local,
provincial/territorial, national or international laws, rules or regulations,
including but not limited to those promulgated by the U.S. Federal Trade
Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use
personal information about other users of the Sites without their consent; (x)
use the Sites (including through submission of User Content) to disparage or
make unsubstantiated claims about any person, third party or its/their products
or services; (y) use any of the Sites in any manner that could overburden or
impair any of the Sites or the networks or systems connected to the Sites;
and/or (z) use any device, software or instrumentality to interfere with the
proper working of the Sites or disobey any requirements, procedures, policies or
regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of
the Sites. Violations of system or network security may result in civil or
criminal liability. Wayfair.ca reserves the right to investigate occurrences
which may involve such violations and may involve and cooperate with, law
enforcement authorities in prosecuting users who have participated in such
violations. Back to Top
ORDER ACCEPTANCE
The receipt of an order number or an email order confirmation does not
constitute the acceptance of an order or a confirmation of an offer to sell.
Wayfair.ca reserves the right, without prior notification, to limit the order
quantity on any item and/or to refuse service to any customer. Verification of
information may be required prior to the acceptance of an order. Certain orders
constitute improper use of the Sites and the Wayfair.ca Rewards Program
described below. Wayfair.ca reserves the right, at its sole discretion, to
refuse or cancel any order for any reason. Your account may also be restricted
or terminated for any reason, at Wayfair.ca's sole discretion. Back to Top
OUR PRODUCTS AND PRICES
Prices and availability of products on the Site are subject to change without
notice. The price of the product will be as shown on the order pages when you
place your order. Errors will be corrected when discovered and Wayfair.ca
reserves the right to revoke any stated offer and to correct any error,
inaccuracy, or omission (including after an order has been submitted). We do not
price match. Promotional codes can only be applied during purchase. Customer
Service will be unable to honor any promotional code adjustments post-order.
When we use the Wayfair's Choice badge on a product listing on our Site, it
represents a shortlist of highly-rated, well-priced products we know customers
love. Back to Top
WAYFAIR.CA REWARDS PROGRAM
The Wayfair.ca Rewards Program (the "Rewards Program") is exclusively for users
of the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. When you make a qualifying purchase
at any of the Sites designated as participating sites by Wayfair.ca from time to
time (the "Participating Sites"), you will have the opportunity to earn
Wayfair.ca "Rewards Dollars" equal to three percent (3%) of the net amount paid
for the qualifying purchase. Rewards Dollars may be applied to future purchases
at the Participating Sites in accordance with these Terms of Use. Please click
here for complete Rewards Program details, as may be in effect from time to time
and which are incorporated herein by reference. Back to Top
LINKS TO OTHER WEBSITES
The Sites may contain links to third-party websites ("Other Sites") that are not
under Wayfair.ca's control. Wayfair.ca makes no claim and accepts no
responsibility regarding the quality, nature or reliability of the Other Sites
that are accessible by hyperlinks from the Sites or link to the Sites.
Wayfair.ca provides these links to you as a convenience and the inclusion of any
link does not imply endorsement by Wayfair.ca of Other Sites or any association
with the operators of such Other Sites. You are responsible for viewing and
abiding by the privacy statements and terms of use posted at any third-party
sites. Back to Top
MOBILE DEVICES AND MOBILE APPLICATIONS
If you use a mobile device to access pages of the Sites optimized for viewing
via a mobile device, opt in to receive SMS (text messages) from Wayfair.ca
(as/when available) or using a mobile application, the following additional
terms and conditions ("Mobile Terms") also apply to you. Your access to the
Sites via your mobile device or use of a mobile application confirms your
agreement to these Mobile Terms, as well as the rest of the Terms of Use.
You agree that you are solely responsible for all message and data charges that
apply to use of your mobile device to access the Sites or use of a mobile
application. All such charges are billed by and payable to your mobile service
provider. Please contact your participating mobile service provider for pricing
plans, participation status and details. You understand that wireless through
Wi-Fi or a participating mobile service provider may not be available in all
areas at all times and may be affected by product, software, coverage or other
service changes made by your mobile service provider or otherwise. Additional
terms and conditions may apply to your use of a mobile application, based on the
type of mobile device on which you install and use the mobile application. Back
to Top
COMMUNICATIONS WITH WAYFAIR.CA
For all communications made to or with Wayfair.ca, including but not limited to
feedback, questions, comments, suggestions and the like: (i) you will have no
right to confidentiality in your communications and Wayfair.ca will have no
obligation to protect your communications from disclosure; and (ii) Wayfair.ca
will be free to use any ideas, concepts, know-how, content or techniques
contained in your communications for any purpose whatsoever, including, but not
limited to, the development, production and marketing of products and services
that incorporate such information. Back to Top
INDEMNITY
You agree to indemnify and hold Wayfair.ca and its agents and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of (i) your use of the Sites, including any
User Content you submit, post to or transmit through the Sites, (ii) your
violation of these Terms of Use or (iii) your violation of any rights of another
user. Back to Top
DISCLAIMER OF WARRANTIES
Wayfair.ca intends for the information and data contained in the Sites to be
accurate and reliable but since the information and data have been compiled from
a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You
expressly agree that your use of the Sites and any information contained therein
is at your sole risk. Accordingly, to the extent permitted by applicable law,
WAYFAIR.CA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF
TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not
allow the disclaimer of warranties or conditions so such disclaimers may not
apply to you. Back to Top
LIMITATION OF LIABILITY
IN NO EVENT WILL WAYFAIR.CA OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES,
AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES
PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT
LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR
INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER
CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF
WAYFAIR.CA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to
all content, merchandise and services available through the Sites or other
channels. Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such jurisdictions
liability is limited to the fullest extent permitted by law. Regardless of the
previous paragraphs, if Wayfair.ca is found to be liable, our liability to you
or to any third party is limited to the greater of (a) the amount in dispute not
to exceed the total amount which you paid to us in the twelve (12) months prior
to the action giving rise to the liability or (b) CAD $100.
Regardless of the previous paragraphs, if Wayfair.ca is found to be liable, our
liability to you or to any third party is limited to the greater of (a) the
amount in dispute not to exceed the total amount which you paid to us in the
twelve (12) months prior to the action giving rise to the liability or (b) $100.
Back to Top
LEGAL DISPUTES
The validity, interpretation, construction, and performance of these Terms of
Use shall be governed by the laws of Ontario, without giving effect to its
principles of conflict of laws.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUÉBEC, YOU
AND WAYFAIR.CA AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR
BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH
AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUÉBEC, any
controversy, claim or dispute arising out of, relating to, or in respect of
these Terms, including their negotiation, validity, existence, breach,
termination, construction or application, or the rights, duties or obligations
of any party, or the rights, duties or obligations of any party derived from or
associated with these Terms (a “Dispute”), shall be referred to and determined
by a single arbitrator in a final and binding arbitration administered by under
the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties
have not agreed upon the arbitrator within 14 days, the parties shall ask the
ADR Institute of Canada, Inc. to appoint a single arbitrator. The seat of the
arbitration shall be the same as the provincial or territorial law governing
these Terms. The arbitration shall be heard in the capital of the seat, unless
the parties agree otherwise. The costs and expenses of the arbitrator shall be
shared equally between the parties. A party to the arbitration has no right of
appeal from any award of the Arbitrator, whether characterized as final,
interim, interlocutory or partial. All Disputes referred to arbitration
(including the scope of the agreement to arbitrate, the law relating to the
enforcement of the agreement to arbitrate, any relevant limitation periods, the
law governing the procedure of the arbitration, the law relating to available
remedies, set-off claims and conflict of laws rules) shall be governed by the
law of the seat, and each party hereby irrevocably consents to venue in the
capital of the seat, and to the jurisdiction of competent courts in the capital
of the seat for all litigation that may be brought, subject to the requirements
for arbitration hereunder, with respect to the terms of, and the transactions
and relationships contemplated by, these Terms. Notwithstanding this provision,
a party to these Terms may take such steps as are permitted or required to
enforce an award made by an arbitrator. The existence of the arbitration and any
element of the arbitration, including any award, shall be confidential and shall
be subject to the provisions of Section 3 (Confidentiality) of these Terms. The
deemed undertaking rule in shall apply. No document or other evidence or
information prepared for or produced by or on behalf of any party to the
arbitration shall be disclosed to any non-party to the arbitration. EACH PARTY
HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING
BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS. You agree
that you will not contest venue, and you waive any rights that you may have to
initiate, transfer, or change the venue of any litigation arising from or
related to these Terms. Back to Top
TERMINATION
Your ability to access and use the Sites remains in effect until terminated in
accordance with these Terms of Use. You agree that Wayfair.ca, in its sole
discretion, may terminate your account and your use of the Sites and may remove
and delete your User Content if Wayfair.ca believes that you have violated or
acted inconsistently with these Terms of Use or for any other reason. Wayfair.ca
also may in its sole discretion and at any time discontinue providing the Sites,
or any part thereof, with or without notice. You agree that any termination of
your access to the Sites may be effected without prior notice and you
acknowledge and agree that Wayfair.ca may bar any further access to the Sites.
Further, you agree that Wayfair.ca will not be liable to you or any third-party
for any termination of access to the Sites.
You may terminate your account by sending a letter stating your intention to
Wayfair LLC, 4 Copley Place, Floor 7, Boston, MA 02116, Attn:Service or an email
to service@wayfair.ca, with the subject line "Termination Request".
The provisions of the Intellectual Property Rights, User-Generated Content,
Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of
Liability, Legal Dispute sections, together with and any other rights and
obligations which by their nature are reasonably intended to survive such
termination, will survive any termination of these Terms of Use. Back to Top
RIGHT TO ACCESS
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm
that you are over age 13. If you are under age 13, you may not access or use the
Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S
REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN
RESPECT OF SUCH TEENAGER'S USE OF THE SITES. Back to Top
OUTAGES
Wayfair.ca periodically schedules system downtime for the Sites for maintenance
and other purposes. Unplanned system outages also may occur. You agree that
Wayfair.ca has no responsibility and is not liable for: (a) the unavailability
of any of the Sites; (b) any loss of data, information or materials caused by
such system outages; (c) the resultant delay, mis-delivery or non-delivery of
data, information or materials caused by such system outages; or (d) any outages
caused by any third parties, including without limitation any companies or
servers hosting any of the Sites, any Internet service providers or otherwise.
Back to Top
JURISDICTIONAL ISSUES
The Sites are operated by Wayfair.ca from its offices in Boston, Massachusetts,
USA. The Sites are intended for users who reside in Canada. Wayfair.ca makes no
representations, warranties or conditions that the Sites or any materials
contained in them are valid, appropriate or available for use outside of Canada.
If you access and use the Sites outside Canada, you do so at your own risk and
are responsible for compliance with applicable local laws. Wayfair.ca reserves
the right to limit the availability of the Sites and/or the provision of any
service, program or other product described thereon to any person, geographic
area or jurisdiction, at any time and in our sole discretion. Any software on
the Sites is subject to United States and Canadian export controls and may not
be downloaded or otherwise exported or re-exported: (a) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country
to which the United States has embargoed goods or which is subject to other
applicable U.S. or Canadian trade sanctions; or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using any software
from the Sites, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
Back to Top
GENERAL INFORMATION
No waiver of any provision or any breach of this Agreement will constitute a
waiver of any other provisions or any other or further breach. In the event that
any provision of this Agreement will be illegal or otherwise unenforceable, such
provision will be severed, and the balance of the Agreement will continue in
full force and effect. These Terms of Use set forth the entire Agreement between
you and Wayfair.ca with respect to use of the Sites and supersede any prior
agreements between you and Wayfair.ca relating to such subject matter. The Terms
are not assignable, transferable or sublicensable by you except with
Wayfair.ca's prior written consent. No waiver by either party of any breach or
default hereunder will be deemed to be a waiver of any preceding or subsequent
breach or default. No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms of Use.
Any heading, caption or section title contained herein is inserted only as a
matter of convenience and in no way defines or explains any section or provision
hereof. Wayfair.ca's performance of these Terms of Use is subject to existing
laws and legal process, and nothing contained in these Terms of Use is in
derogation of Wayfair.ca's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Sites or
information provided to or gathered by Wayfair.ca with respect to such use. A
printed version of these Terms of Use and of any notices given in electronic
form will be admissible in judicial or administrative proceedings based upon or
relating to these Terms of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. The parties agree that all correspondence relating
to these Terms of Use must be written in the English language. Back to Top
VIOLATIONS
Please report any violations of these Terms of Use to the system administrator
here. Back to Top
QUESTIONS?
If you have questions, comments or complaints about these Terms or the Sites,
please contact us here. (please reference "Questions about the Sites").
Back to Top
WAYFAIR.CA'S COPYRIGHT POLICY
VERSION 1.6
EFFECTIVE DECEMBER 9, 2019
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WAYFAIR.CA'S COPYRIGHT POLICY
Last Updated: May 17, 2018
This Copyright Policy describes Wayfair.ca's policy of prohibiting any
information or materials that violate another party's intellectual property
rights from appearing on www.Wayfair.com, www.AllModern.com,
www.JossandMain.com, www.BirchLane.com, www.Perigold.com and their related
domains (collectively, the "Site").
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
a copyright owner who believes that material appearing on the Internet infringes
his, her or its rights under U.S. copyright law. Wayfair.ca complies with the
DMCA by responding to notices and counter-notices that meet the then-current
DMCA requirements. Please visit http://www.copyright.gov/ for details about
current DMCA requirements.
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you believe in good faith that material appearing on the Site infringes your
copyright, you (or your agent) may send Wayfair.ca a written notification
pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our
Copyright Agent (identified below), contain all of the information listed below
(and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the
material be removed or that access to it be blocked. Your DMCA Notice must
contain:
1. Identification in sufficient detail of the copyrighted work that you claim
has been infringed. If multiple copyrighted works on the Site are covered by
a single notification, you may provide a representative list of such works
on the Site; however, the representative list must still contain sufficient
detail of the copyrighted works so that we can identify them;
2. Identification of the URL or other specific location on the Site that
contains the material that you claim to be infringing your copyright. You
must provide us with reasonably sufficient information to enable us to
locate the alleged infringing material and comply with your request to
remove or deny access to the material;
3. Your name, address, telephone number and email address (if available);
4. The electronic or physical signature of the owner of the copyright or a
person authorized to act on the copyright owner's behalf;
5. A statement that you have a good faith belief that use of the material on
the Site as you have described in the DMCA Notice is not authorized by the
copyright owner or its agent or the law; and
6. A statement that you swear under penalty of perjury that the information
contained in your notification is accurate and that you are the copyright
owner or that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
You must submit any notification of an alleged copyright infringement to
Wayfair.ca's Copyright Agent by mail or email as set forth below:
Wayfair.ca Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair.ca DMCA Notice")
If you fail to comply with all of the above requirements, your DMCA Notice will
not be valid. Please note that you may be liable for damages, including court
costs and attorneys' fees, if you materially misrepresent that materials on the
Site are infringing a copyright.
COUNTER NOTIFICATION
If you believe in good faith that your own copyrighted material has been removed
from the Site as a result of mistake or misidentification, you may submit a
written counter notification letter to Wayfair.ca's Copyright Agent pursuant to
Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification
under the DMCA, your written correspondence must include substantially the
following:
1. Identification of the material that has been removed or disabled and the
location at which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District
Court in which your address is located or in Boston, Massachusetts if your
address is outside the United States;
3. A statement that you will accept service of process from the party that
filed the notification of alleged copyright infringement or the party's
agent;
4. Your name, address and telephone number;
5. A statement that you swear under penalty of perjury that you have a good
faith belief that the material in question was removed or disabled as a
result of mistake or misidentification of the material to be removed or
disabled, or that the material identified by the complaining party has been
removed or disabled at the URL or web location and will no longer be shown
or accessible; and
6. Your physical or electronic signature.
You may submit your counter notification to Wayfair.ca's Copyright Agent by mail
or email as set forth below:
Wayfair.ca Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair.ca DMCA Notice")
Upon receipt of a counter notice, Wayfair.ca's Copyright Agent may send a copy
of it to the original complaining party informing that party that Wayfair.ca may
replace the removed content or cease disabling it. Unless the copyright owner
files an action seeking a court order against Wayfair.ca, the removed content
may be replaced or access to it restored by Wayfair.ca.
You acknowledge that if you fail to comply with all of the above requirements,
your DMCA counter notification will not be valid. Please note that if you
materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs and
attorneys' fees.
WAYFAIR.CA PROFESSIONAL PROGRAM TERMS
VERSION 1.8
EFFECTIVE MAY 19, 2020
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WAYFAIR.CA PROFESSIONAL PROGRAM TERMS
Last Updated: August 22, 2018
The Wayfair.ca Professional Program (the "Wayfair.ca Professional Program") is
exclusively for users of the Sites who have enrolled in the Wayfair.ca
Professional Program in accordance with the terms hereof (“Program Members”).
The Wayfair.ca Professional Program is designed to provide Program Members with
additional benefits and exclusive services.
The terms and conditions applicable to the Wayfair.ca Professional Program (the
“Wayfair.ca Professional Program Terms”) are as set forth herein. Wayfair.ca
reserves the right, at any time and in its sole discretion, to change the
Wayfair.ca Professional Program Terms. When we post material modifications to
the Wayfair.ca Professional Program Terms, we will revise the “Last Updated”
date at the top of this section. Your use of the Wayfair.ca Professional Program
after the posting of any update to the Wayfair.ca Professional Program Terms
constitutes your agreement to be bound by such Wayfair.ca Professional Program
Terms, as revised. We encourage you to periodically review this section for the
latest Wayfair.ca Professional Program Terms. If you object to any update to the
Wayfair.ca Professional Program Terms, your sole recourse is to stop using the
Wayfair.ca Professional Program. Use of the Sites in connection with the
Wayfair.ca Professional Program is subject to Wayfair.ca’s Terms of Use,
including, for example, the provisions applicable to User-Generated Content.
Users of the Sites may enroll in the Wayfair.ca Professional Program here. The
Program Member shall be the business entity itself, and each User who enrolls a
business entity in the Wayfair.ca Professional Program must be authorized to do
so on behalf of such entity. Program Members may have multiple authorized user
accounts. Each Program Member acknowledges and agrees that each authorized user
account shall have access to all information related to such Program Member’s
account and that Wayfair.ca shall have no liability in connection therewith.
Program Members can make account changes by calling (844) 403-5086. Wayfair.ca,
in its sole discretion, may cancel a Program Member’s account at any time, with
immediate effect and without notice, for any reason (including, without
limitation, if Wayfair.ca believes such Program Member has violated these
Wayfair.ca Professional Program Terms or Wayfair.ca’s Terms of Use). The
services and benefits provided through the Wayfair.ca Professional Program are
the sole property of Wayfair.ca and are not the property of any Program Member.
Upon any cancellation or termination of any Program Member’s account, all
services and benefits will be forfeited, and the applicable Program Member will
no longer be able to participate in the Wayfair.ca Professional Program unless,
in the case of a voluntary account cancellation by a Program Member, such
Program Member subsequently re-enrolls in the Wayfair.ca Professional Program.
Wayfair.ca may terminate the Wayfair.ca Professional Program at any time and for
any reason.
HOME SERVICES
VERSION 1.2
EFFECTIVE AUGUST 19, 2020
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HOME SERVICES
Last Updated: April 9, 2020
Assembly, installation, and professional services you purchase through the Sites
are referred to herein as "Home Services" Home Services are provided by
independent third-party service providers ("Pros"). The Pros are independent
contractors and not employees of Wayfair. Wayfair does not provide the Home
Services itself. Wayfair sometimes arranges for the provision of Home Services
with Pros directly, and sometimes through other parties that contract with Pros
("Partners"), such as Handy and Go Configure. Wayfair may refer customer service
requests regarding Home Services to the Partners. Wayfair makes no guarantee
that it will be able to match you with a Pro. Scheduled Home Services dates and
times are subject to change. Home Services will be performed in a good and
workmanlike manner.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WAYFAIR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME SERVICES OR
THE PROS. YOU AGREE THAT ALL HOME SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND
"AS AVAILABLE" BASIS. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE, YOU AGREE THAT WAYFAIR SHALL HAVE NO LIABILITY IN CONNECTION WITH THE
HOME SERVICES, THAT WAYFAIR IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY
PRO, AND THAT WAYFAIR WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGES, OR
LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE HOME SERVICES.
Wayfair arranges for background checks on the Pros through third-party
background check providers, or obtains contractual guarantees from Partners that
Pros have been background checked. Regardless, you should exercise caution and
common sense when interacting with Pros to protect your personal safety and
property, just as you would when interacting with any person you do not know.
You are responsible for verifying the identity of the Pro upon arrival. You are
responsible for ensuring that the location where the Home Services are to be
performed is safe and secure and that the Pro has free and clear access to such
location.
You must be 18 years of age or older to purchase Home Services. You acknowledge
and agree that you are solely responsible for your decisions relating to the
Home Services. Either you or someone else 18 years of age or older authorized by
you must be present at all times during the performance of the Home Services.
You are responsible for inspecting the Home Services and signing any relevant
forms. If you are not present during performance, the adult present must be
authorized by you to inspect the Home Services and sign any required forms on
your behalf. You agree that products assembled, installed or otherwise worked on
or with by Pros (collectively, "Products") are for home use only and not for
commercial applications or use. You are responsible for designating the location
where Pros assemble, install, and otherwise work on or with the Products.
Wayfair, the Partners, and the Pros make no recommendation, representation, or
warranty regarding the use or location of the Products, including the surface on
which they are installed. You have not relied on any statement made by any of
the foregoing parties in determining the use or location of the Products. You
are responsible for obtaining any required approvals, permissions, permits, and
variances necessary related to the Home Services. You assume all risk, including
any risk of relocation or removal, arising from the use or location of the
Products. You will follow all instructions and warnings relating to the Products
and will ensure that all persons who use the Products do the same.
You shall indemnify, defend, and hold harmless Wayfair, the Partners, and the
Pros, and each of their owners, affiliates, parents, subsidiaries, successors,
assigns, officers, directors, agents, employees, attorneys, insurers, and
representatives (each an "Indemnified Party") from and against any and all
claims, demands, causes of action, proceedings, losses, injury, damages,
expenses, fines, penalties, and costs arising from or in connection with (i) the
use and/or location of the Products; and (ii) your breach or violation of this
Home Services Section. You hereby waive, release, covenant not to sue, and
forever discharge each Indemnified Party from any and all debts, demands,
actions, causes of action, suits, covenants, contracts, agreements, promises,
torts, damages, claims, demands, losses, and liabilities whatsoever of any name
and nature, both in law and in equity, which you now have, ever had, or may in
the future have against any Indemnified Party arising from or in connection with
(i) the use and/or location of the Products; and (ii) your breach or violation
of, or failure to abide by, this Home Services Section.
WAYFAIR.CA REWARDS PROGRAM TERMS
VERSION 1.7
EFFECTIVE MAY 19, 2020
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WAYFAIR.CA REWARDS PROGRAM TERMS
The Wayfair.ca Rewards Program (the "Rewards Program") is exclusively for users
of the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. Rewards Dollars may be applied to
future purchases at the Sites in accordance with the terms set forth below and
our Terms of Use. Enrollment in the Rewards Program is automatic with
registration at any of the Sites.
PARTICIPATING SITES
* Wayfair.com
* AllModern.com
* JossandMain.com
* BirchLane.com
* Perigold.com (currently participating in the Product Review Program, but not
the Referral Program)
MEMBERSHIP BENEFITS
RewardsRewards Dollars EarnedMembers may earn a specified "Rewards Dollars" from
1. Referral Program
2. Product Review Program
Redemption PeriodThree months from date on which Rewards-eligible purchase is
madeMembership FeeNone
REFERRAL PROGRAM
Wayfair's Referral Program is designed to reward existing members ("Sponsors")
with Rewards Dollars for referring new members ("Recipients") to Wayfair.
Wayfair, AllModern, Birch Lane and Joss & Main are participating in this program
and Sponsors can use their Rewards Dollars across all brands. However,
Recipients can only apply their discount to the brand the Sponsor referred them
to. Referral credit amounts may differ by site. Sponsors can refer as many
friends as he or she would like, but will only receive Rewards Dollars for up to
10 successful referrals per month. If a Recipient's qualifying order is
cancelled, Rewards Dollars will be voided. Previous purchases are not eligible
for Rewards Dollars and Rewards Dollars cannot be applied retroactively.
Invitations must be sent to individual recipients. Any attempt to distribute in
bulk is grounds for immediate termination of the Sponsor's account and
deactivation of their personal referral link. Distribution of Rewards bonuses is
subject to moderation in cases of suspected fraud.
PRODUCT REVIEWS PROGRAM
Wayfair's Product Review Program is designed to reward existing members for
writing product reviews on products purchased on Wayfair.com, AllModern.com,
BirchLane.com, Joss & Main.com and Perigold.com. Members may be rewarded
specified Rewards Dollars or may be offered other benefits for such reviews.
REDEMPTION OF REWARDS DOLLARS
Wayfair will post all earned Rewards Dollars on your account within a reasonable
amount of time after the confirmed shipment of your qualifying purchase. Rewards
Dollars can be only redeemed and applied as a credit against a purchase from one
of our participating Sites. Rewards Dollars cannot be used to purchase gift
cards, gift certificates, or manufacturer-excluded brands. Rewards Dollars are
not redeemable for cash and cannot be returned for a cash refund, except to the
extent required by law. Rewards Dollars will be automatically applied to your
purchase at Checkout. If you do not wish to redeem Rewards Dollars at the time
of purchase, select "Remove" at Checkout. Rewards Dollars may be combined with
Wayfair promo codes, but not with any other Wayfair promotion, offer, or other
discount. No credits or refunds will be issued for any reason after Rewards
Dollars have been redeemed, including for unused Rewards Dollars, except as
described in "Returns" below. Rewards Dollars can be used against product cost
and shipping cost only. For orders with multiple items, Rewards Dollars will be
applied across all items proportionally based on the dollar amount. Wayfair may
apply other restrictions to or terminate the Reward Program at any time.
RETURNS
If you return an item that was purchased in whole or in part using Rewards
Dollars, the return will be processed in accordance with Wayfair's return and
exchange policy. If the return is accepted by Wayfair, the Rewards Dollars
applicable to the returned item will be credited back to your account.
REWARDS DOLLARS BALANCE
You can check your Rewards Dollars balance at any time by logging in at "My
Account". A valid email address and password are required to view the Rewards
Dollars balance in your account. Wayfair is not liable for any failure, delay or
error in crediting Rewards Dollars to an account. You are responsible for all
activity occurring in or through your account, including the redemption of
Rewards Dollars, whether or not the activity was authorized.
EXPIRATION
Rewards Dollars not used during the applicable Redemption Period will be
forfeited. You may cancel Rewards Dollars by calling (800) 508-1737 and/or
sending an email to service@wayfair.ca, but members recognized on any of the
participating Sites are unable to opt-out of the program.
NON-TRANSFERABILITY AND NON-AGGREGATION OF REWARDS DOLLARS
Rewards Dollars and any other right, obligation or benefit of the Rewards
Program may not be transferred, assigned, sold, traded or bartered by any member
or any other person without Wayfair's prior written consent, which Wayfair may
withhold in its sole discretion, and any attempt to do any of the foregoing
shall be null and void. In addition, Rewards Dollars are for the member's
personal use only. Members may not aggregate Rewards Dollars from multiple
accounts or use Rewards Dollars for the purpose of purchasing products from the
participating Sites on behalf of others or for the purpose of reselling such
products to others.
WAYFAIR.CA GIFT CARD TERMS AND CONDITIONS
VERSION 1.8
EFFECTIVE MAY 19, 2020
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WAYFAIR.CA GIFT CARD TERMS AND CONDITIONS
The following terms and conditions (the "Terms") apply to any Wayfair.ca gift
card originally purchased by you or someone on your behalf (the "gift card")
through one of the Wayfair.ca websites. Gift cards are issued by SK Retail, Inc.
(referred to hereafter as either “Wayfair,” “Perigold”, “AllModern,” “Birch
Lane,” “Joss & Main,” “we,” “us,” or “our”). By purchasing a gift card,
accepting and retaining a gift card, or using a gift card, you agree to these
Terms.
* Gift cards do not expire.
* Gift cards are valid in the country and currency in which they were
purchased. Gift cards purchased on Wayfair.com, AllModern.com, BirchLane.com,
JossandMain.com, or Perigold.com can be used interchangeably. Gift cards
purchased on Wayfair.ca can only be redeemed on Wayfair.ca. Gift cards
purchased on Wayfair.co.uk can only be redeemed on Wayfair.co.uk. Gift cards
purchased on Wayfair.de can only be redeemed on Wayfair.de.
* Gift cards cannot be used to purchase gift cards.
* Gift cards are not redeemable for cash and cannot be returned for a cash
refund, except to the extent required by law.
* Gift cards are not re-sellable, and gift card orders cannot be cancelled,
updated or refunded.
* E-gift cards may not be redeemable for up to 4 hours on weekdays, and up to
12 hours on weekends.
* Use of the gift card is limited to the amount of funds held on the gift card.
The full amount of each purchase, including taxes, will be deducted from the
funds held on the gift card, up to the total funds available on the gift
card. Any unused balance will be placed in the recipient's gift card account
and is not transferable. If you make a purchase and there are insufficient
funds held on the gift card to cover that purchase, you must pay the
difference by a valid credit card or debit card.
* The risk of loss and title for gift cards pass to the purchaser upon our
electronic transmission to the purchaser. We are not responsible for and will
not replace lost or stolen gift cards. Protect your gift card as if it were
cash and safeguard the gift card from authorized use.
* Wayfair may provide gift card purchasers with information about the
redemption status of gift cards.
* Wayfair reserves the right to change these Terms from time to time in its
discretion. Such revised terms will be effective as to any gift cards
purchased after the date said revised Terms are posted to the Wayfair
websites.
* Resale of a gift card or use for unauthorized advertising, marketing,
sweepstakes or other promotional purposes is strictly prohibited. Your right
to use the funds on the gift card is a limited right, subject to these Terms
and applicable law. We are not responsible for pricing, typographical, or
other errors, in any offer and reserve the right to cancel any orders
resulting from such errors.
* If we suspect any fraud or misuse in connection with a gift card, we reserve
the right in our discretion to suspend or terminate use of the gift card.
* The consideration paid for the gift card, including any unredeemed balances,
is the property of the Wayfair.
* We do not currently collect or maintain any personally identifiable
information regarding the purchasers of the Cards. However, we reserve the
right to obtain personal information about you in accordance with the privacy
policy found here if such information is necessary to service the Card or
respond to your inquiries or for other purposes.
* If any one or more of the covenants, agreements, provisions or terms of these
Terms shall be for any reason whatsoever held invalid, then such covenants,
agreements, provisions or terms shall be deemed severable from the remaining
covenants, agreements, provisions or terms of these Terms shall in no way
affect the validity or enforceability of the other provisions of these Terms.
* These Terms sets forth the entire understanding of the parties relating to
the subject matter hereof, and all prior understandings, written or oral, are
superseded by these Terms. All terms and conditions set forth herein are
applicable to the extent permitted by law.
INTEREST-BASED ADS POLICY
VERSION 1.5
EFFECTIVE MAY 19, 2020
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INTEREST-BASED ADS POLICY
This policy is designed to help you understand how Wayfair LLC and its
affiliated brands, including Wayfair, Joss & Main, AllModern, Birch Lane and
Perigold (“Wayfair”, “we” or “us”) participates in interest-based advertising.
On both Wayfair-owned and operated sites and unaffiliated sites, Wayfair
displays tailored interest-based advertising using information you make
available to us when you interact with our sites, content, or services.
Interest-based ads, also sometimes referred to as personalized or targeted ads,
are displayed to you based on information from activities such as purchasing on
our sites, visiting sites that contain Wayfair content or ads, interacting with
Wayfair tools, or using our payment services. In providing interest-based ads,
Wayfair follows the Self-Regulatory Principles for Online Behavioral Advertising
developed by the Digital Advertising Alliance (a coalition of marketing, online
advertising, and consumer advocacy organizations). Click here for more
information about the types of information that we gather.
Like other companies, we use cookies, web beacons (a.k.a. clear GIFs, web bugs
or pixel tags), and other technologies (collectively, "cookies") to learn about
what ads you see, what ads you click, and other actions you take on our sites
and other sites. This allows us to provide you with more useful and relevant
ads.
Third-party advertising management partners may help us display tailored content
to our customers’ interests and serve interest-based advertising on our behalf.
We do not provide any personal information to advertisers or to third party
sites that display our interest-based ads. However, third parties may collect
information about your browsing activity on our website to display
interest-based ads.
ADVERTISING PREFERENCES
Wayfair offers you choices about receiving interest-based ads from us. You can
choose not to receive interest-based ads from Wayfair. Click here to opt out of
certain interest-based advertisements that use Wayfair’s cookies.
You may also "opt out" of receiving some third-party interest-based
advertisements by following the instructions at www.aboutads.info/choices or
www.networkadvertising.org/choices. (An "opt-out cookie" will be placed on your
computer indicating that you do not want to receive interest-based
advertisements. If you delete cookies on your computer, you will need to opt-out
again.)
SHOPPING SUSTAINABLE PRODUCTS
VERSION 2.7
EFFECTIVE MAY 21, 2021
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SHOPPING SUSTAINABLE PRODUCTS
At Wayfair, our goal is to help customers easily find products that meet their
needs - which oftentimes includes meeting higher global standards for design
andmanufacturing. That's why we've added new search functionality and icons
across our sites to enable shoppers to easily identify products that have
sustainability-focused features. We're actively partnering with our suppliers to
provide more products like these across Wayfair sites.
SHOP SUSTAINABLY ICONS
Throughout our site, you can select "Shop Sustainably" to view products that
meet environmental, health, indoor air quality, or community-related standards
or frameworks. The associated icons and attributes indicate that the product has
been certified or aligns to specific standards, as indicated by the supplier.
See below to learn more about each Shop Sustainably icon and attribute.
ENERGY STAR Certified
Through intelligent design, these products use less energy than would otherwise
be required and are independently certified to meet strict standards for energy
efficiency set by the EPA ENERGY STAR® Certification. Environmentally Preferred
Environmentally Preferred products have a reduced impact on human health and the
environment in comparison to similar products and often have a lower carbon
footprint. This includes products that are sourced in accordance with higher
social and environmental standards - for both textiles (cotton, wool, down,
etc.) and wood. GREENGUARD Certified
Products that have achieved GREENGUARD Certification are scientifically proven
to meet some of the world’s most rigorous, third-party chemical emissions
standards, helping to reduce indoor air pollution and the risk of chemical
exposure, while aiding in the creation of healthier indoor environments.
Hypoallergenic
Hypoallergenic products are CERTIFIED asthma & allergy friendly® and aim to
avoid common allergens. Local Community Empowerment
These products are certified to meet rigorous labor standards or are sourced
from organizations that support their communities, empower their workers, and
support local economic development initiatives. Made Clean
Made Clean products contain fewer substances that could be harmful to people or
the environment and often have certifications for low chemical emissions,
resulting in improved indoor air quality. Organic
Products marked as Organic contain materials that have been produced using
methods that promote ecological balance and conserve biodiversity and often
include practices such as maintaining or enhancing soil and water quality;
conserving wetlands, woodlands, and wildlife; and avoiding use of synthetic
fertilizers, and genetic engineering. An Organic label may only often refer to
one component of the product, such as an organic pillow cover, with a
non-organic polyester fill. Refer to product descriptions for further details.
Reclaimed Wood
Reclaimed Wood is wood that has lived another life and has been repurposed to
form something brand-new. Recycled
Products with this icon contain pre-consumer and/or post-consumer recycled
content that has been diverted and recovered from the waste stream. A Recycled
label may only often refer to one component of the product, such as a chair that
includes a seat cushion with recycled plastic filling. Water Efficient
Products with the water efficient icon use less water than would otherwise be
required and are EPA WaterSense Certified.
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