Terms of Use

Welcome to the Shiseido Canada website (https://www.shiseido.ca/?lang=english) (the “Website”).

Shiseido (Canada) Inc. (“Shiseido Canada“, “we” or “our”) provides the content and services available on the Website to you subject to the following terms and conditions of use (“Terms of Use”). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use, which include our Privacy Policy and, for users registered on the Website as members, our Membership Policy. Shiseido Canada may revise these Terms of Use at any time without notice to you.

1. Privacy

Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices.

2. Accuracy of Information

We attempt to be as accurate as possible when describing our products available in Canada on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.

3. Intellectual Property

All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”), is the property of Shiseido Canada, our parent company Shiseido Co., Ltd., affiliates, partners or licensors, and is protected by copyright, trademark, patent and/or other proprietary rights and laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Shiseido Canada, our parent company Shiseido Co., Ltd., our affiliates, partners or licensors, in Canada and other countries, and are protected by Canadian and international trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed in writing to: Shiseido (Canada) Inc., 303 Allstate Parkway, Markham, Ontario L3R 5P9.

4. Your Obligations and Responsibilities

In accessing or using the Website, you must comply with these Terms of Use and any special warnings or instructions for access or use posted on the Website. You must act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage Shiseido Canada or its products or services or personnel. No unsolicited email (spam) may be directed to or through this Website. Users may not use this Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful.
IF YOU DEFAULT NEGLIGENTLY OR WILFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY AND, IF APPLICABLE, OUR MEMBERSHIP POLICY), YOU WILL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO SHISEIDO CANADA, OUR PARENT COMPANY SHISEIDO CO., LTD., OUR AFFILIATES, PARTNERS OR LICENSORS.

5. Your Account

You may choose to register for an account (“Account”) on the Website. If you do, you will have an email address/username and password associated with your Account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. By creating an Account, you agree to our Membership Policy and to accept responsibility for all activities that occur under your Account, username and/or password. You agree to provide only accurate, truthful information reflecting your actual knowledge and experience with Shiseido products. We reserve the right to refuse and/or terminate any Account without prior notice if you violate these Terms of Use, if we decide, in our sole discretion, that it would be in Shiseido Canada’s best interests to do so, or as otherwise provided in the Membership Policy.

6. Links to or From Other Sites

Shiseido Canada has no responsibility and assumes no liability for the unaffiliated sites to which it is linked. Except as otherwise expressly stated by Shiseido Canada on the Website, Shiseido Canada is not affiliated or associated with the operators of any third party websites or resources that link to or are linked from the Website. Shiseido Canada expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites or resources that link to or are linked from the Website. We cannot ensure your satisfaction with any products or services that are available through any third party website or resource that links to or is linked from the Website, because these third party websites and resources are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party websites or resources, and we make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party website or resource or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES. Shiseido Canada shall have the right, at any time and at its sole discretion, to block links to the Website through technological means without prior notice.

7. Submissions

Except as otherwise provided in the Privacy Policy, any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential, and by submitting such information, you hereby grant us, our related bodies corporate, successors and assigns, a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

8. Representations and Warranties; Limitation of Liability; Indemnification

THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold Shiseido Canada, our affiliates, officers, employees, representatives, agents and licensors harmless from and against any loss, damages, claims, fines, penalties or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your (or if applicable anyone acting under your Account, user name and password) use of the Website, any content you make available on the Website or any breach of these Terms of Use. You also agree to indemnify Shiseido Canada for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our technology infrastructure.

9. Disputes

You agree that the statutes and laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website.

10. Consent to Receive Notices Electronically

Notices to you may be made via e-mail, or in the case of changes to these Terms of Use, by posting notices or links to such notices on the Website itself. Our Privacy Policy addresses any e-mail notices and marketing and promotional communications that we may send to you, including your options/elections with respect to receipt of such notices and/or marketing and promotional communications.

11. Termination

These Terms of Use are effective until terminated. You agree that Shiseido Canada, at its sole discretion, may suspend, restrict or terminate your access to or use of the Website, at any time and for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to use the Website will immediately cease. You agree that any suspension, restriction or termination of your access to or use of the Website may be effected without prior notice and that we may immediately deactivate or delete any Account, user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Shiseido Canada, our affiliates, officers, employees, agents and/or licensors shall not be liable to you or any third party for any suspension, restriction or termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination, suspension or restriction. We reserve the right to take steps that we believe are necessary or appropriate to enforce and/or verify compliance with these Terms of Use (including without limitation in connection with any legal process relating to your use of the Website and/or a third party claim that your use of the Website is unlawful or violates such third party’s rights).

12. General

By using this Website, you acknowledge and agree that these Terms of Use, which include our Privacy Policy and, if applicable, our Membership Policy, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website and your continued use of the Website constitutes your agreement to all such modified terms and conditions.