Terms

The following TOS and Service and any other rules posted on our Site (collectively the “TOS”) constitute an agreement between KISHWEAR (“we”, “our”, “us”) and you, the visitor, governing your access and use of all content and functionalities available at the KISHWEAR website and related micro-sites accessed through the URL www.kishwear.com and related domain names, and any other website or micro-site of KISHWEAR (collectively the “Site”).

By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about KISHWEAR’s Privacy Policy before you register to use this Site or any of this Site’s services.

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

 

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address [email protected]. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify KISHWEAR immediately of any breach of security or unauthorised use of your account. Although KISHWEAR will not be liable for your losses caused by any unauthorised use of your account, you may be liable for KISHWEAR’s losses or others due to such unauthorised use.

Please refer to our Privacy Policy for information about how we use your data.

 

ELIGIBILITY TO PURCHASE

The purchase of merchandise through KISHWEAR is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the Ontario, Canada.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the KISHWEAR terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to KISHWEAR, whose applications are acceptable to KISHWEAR and who have authorised KISHWEAR to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. KISHWEAR reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where KISHWEAR feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

 

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

KISHWEAR offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to KISHWEAR. KISHWEAR will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at KISHWEAR. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

KISHWEAR will store a record of your transactions for a minimum of one year.

 

PRICING POLICY

Prices shown on the Site are in CAD Dollars and are exclusive of taxes. If you are shipping within Canada, sales tax will be charged on orders.

All prices and offers remain valid as advertised from time to time. The CAD Dollar price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in CAD Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

SALE PRICE ADJUSTMENT POLICY

KISHWEAR is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your KISHWEAR account in the form of a store credit which will be valid for 12 months.

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

 

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and KISHWEAR will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in Ontario, Canada, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of KISHWEAR.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

 

PAYMENT

Payment can be made by Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to kishwear.com. Payment will be debited and cleared from your account upon dispatch of your order by KISHWEAR. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to KISHWEAR, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered KISHWEAR user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, KISHWEAR uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

 

GIFT CARDS

KISHWEAR Boxed and Virtual Gift Cards are sold subject to the following terms and conditions:

 

  1. No fees are imposed on KISHWEAR Gift Cards and they do not expire.
  2. Gift Cards can be redeemed against all products on the www.kishwear.com site.
  3. Gift Cards are non transferable and may not be returned or redeemed for cash (except as required by law).
  4. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
  5. If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
  6. If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
  7. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
  8. KISHWEAR is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser.
  9. KISHWEAR is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
  10. KISHWEAR reserves the right to cancel a Gift Card if we deem such action necessary.
  11. Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Boxed Gift Cards orders.
  12. Sales tax and shipping is applicable on any products purchased with a KISHWEAR Gift Card.
  13. Shipping is applicable on Boxed Gift Cards.

 

 

INSURANCE AND DELIVERY

KISHWEAR insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by KISHWEAR, and transfer of responsibility in the same way.

The signature can be waived for domestic orders dispatched via UPS. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that KISHWEAR can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorise KISHWEAR to leave the package(s) at the shipping addresswithout obtaining a signature and release and indemnify KISHWEAR from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. KISHWEAR is not responsible for any delays caused by destination customs clearance processes.

 

RETURNS AND EXCHANGES

RECEIVING YOUR RMA

If you wish to return an item, a Returns Merchandise Authorisation (RMA) number should be requested online within 14 days of receiving your order. Please refer to our Returns & Exchanges policy for details on how to request an RMA.

RETURNING YOUR PURCHASE

Making a return for a refund, store credit, or exchange is easy using either our Domestic Returns or International Returns service. All returns must be made within 14 days of receiving an RMA. Please refer to our Returns & Exchanges policy for further information.

EXCHANGES

Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

Shipping is complementary on the replacement item, but exchanges made to destinations outside of the U.S. will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. If you selected PayPal when you placed your order, any applicable taxes and duties on your exchange should be paid with your debit or credit card. See costs for Shipping and Returns.

CANADIAN CUSTOMS – Canada Border Services Agency

By ordering goods from KISHWEAR , I hereby authorize the shipping agent, chosen by KISHWEAR to act as my agent, and to transact business with the CBSA (Canada Border Services Agency) to clear my merchandise, account for duties and taxes, to return merchandise to KISHWEAR , and prepare and submit refund claims on my behalf for any merchandise that I return. I understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that I will obtain the refund directly from KISHWEAR . In this connection, I also authorize the customs broker to endorse any refund cheque issued by the CBSA in my name, so that KISHWEAR can be reimbursed.

OUR POLICY

Items should be returned unused and with all KISHWEAR and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be returned to the customer.

Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.

Please email [email protected] if any of your purchases have been delivered without KISHWEAR tags.

All items returned should have a Return Merchandise Authorisation (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.

SHOES

All shoes should be tried on a carpeted surface before wear.

UNDERWEAR & SWIMWEAR

Boxers, briefs, and swimwear should be tried on over underwear. Returns may not be accepted if items are soiled and may be sent back to the customer.

FAULTY GOODS

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Our policy

Items should be returned unused and with all KISHWEAR and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.

Please email [email protected] if any of your purchases have been delivered without KISHWEAR tags.

All items returned should have a Return Merchandise Authorisation (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.

Shoes

All shoes should be tried on a carpeted surface before wear.

Underwear & Swimwear

Boxers, briefs, and swimwear should be tried on over underwear. Returns may not be accepted if items are soiled, and may be sent back to the customer.

Faulty goods

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on KISHWEAR. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.

 

INTELLECTUAL PROPERTY RIGHTS

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including KISHWEAR Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by KISHWEAR and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

 

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. KISHWEAR tries to ensure that the information on this site is accurate and complete. KISHWEAR does not promise that KISHWEAR’s Content is accurate or error-free. KISHWEAR does not promise that the functional aspects of the Site or KISHWEAR’s Content will be error free or that this Site, KISHWEAR Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of KISHWEAR and we accept no responsibility for any such views expressed in any media.

 

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

 

YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

 

THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than KISHWEAR, including advertisers. KISHWEAR has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

GENERAL

While KISHWEAR will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

 

INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless KISHWEAR immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

GENERAL LEGAL TERMS

(a) Complete Terms: The TOS constitute the whole legal agreement between you and KISHWEAR and govern your use of the Services and completely replace any prior agreements between you and KISHWEAR in relation to the Services. Notwithstanding the foregoing, you understand that KISHWEAR may make changes to the TOS from time to time. When these changes are made, KISHWEAR will make a new copy of the TOS available at https://kishwear.com. You agree that KISHWEAR is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.

(b) Modifications to the Services: KISHWEAR is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which KISHWEAR provides may change from time to time without prior notice to you. You further acknowledge and agree that KISHWEAR may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at KISHWEAR’s sole discretion, without prior notice to you.

(c) Confidentiality: You understand that KISHWEAR grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. KISHWEAR reserves the right to revoke these exceptions either generally or in specific cases.

(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that KISHWEAR has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which KISHWEAR may suffer) of any such breach.

(e) Rights Not Waived: You agree that if KISHWEAR does not exercise or enforce any legal right or remedy which is contained in the TOS (or which KISHWEAR has the benefit of under any applicable law), this will not be taken to be a formal waiver of KISHWEAR’s rights and that those rights or remedies will still be available to KISHWEAR.

(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.

(g) Governing Law: The TOS, and your relationship with KISHWEAR under the TOS, shall be governed by the laws of Ontario, Canada. You and KISHWEAR agree to submit to the exclusive jurisdiction of the Provincial and Federal courts in Toronto, Ontario, Canada, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

(h) Violation of TOS: Please report any violations of the TOS by emailing [email protected].

(i) Independent Relationship: You and KISHWEAR are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and KISHWEAR. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorised to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorised so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.