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Les Modes Ancora Inc.: Conditions of Use, Disclaimer and Privacy Policy Statement

May 20, 2018

Acceptance

Les Modes Ancora Inc (“Ancora”) has expended every effort to provide to you, its valued customers, the following safe and secure websites, including Now That’s Lingerie.com, ShopNtl.com and Bra Doctor.com which will redirect the contact to our blog https://www.nowthatslingerie.com/bradoctor/blog/ (the “Websites”) for your convenient online purchase of the various garments, services and products (collectively, the “Products”) we offer for sale on our Websites. Our Websites are provided as a convenience and service to you our customers. By accessing and using our Websites, you certify that you have read and understood, and accept and agree to follow and be bound by the terms, rules, stipulations and conditions herein set forth (collectively, the “Terms”) concerning their use and that such acceptance constitutes an agreement (the “Use Agreement”) with Ancora in accordance with the Terms in force at the time of use by you. We reserve the right to modify the Terms or the Use Agreement from time to time and without prior notice. It is, therefore, important that you review the Terms when using the Websites, and to refrain from such use in the event you do not agree with any of our Terms.

Intellectual property

Unless stated otherwise, the Website names and the design and contents of each Website belong to Ancora and constitute its intellectual property. Bra Doctor is a registered trademark belonging to Ancora. The contents of our Websites are intended for your personal, non-commercial use, and may be downloaded or copied only for such purposes. However, you may not otherwise reproduce or use the Websites or its contents except for your own personal use or with the prior written consent of Ancora.

Contents

The Website Bra Doctor.com is a blog and we at Ancora welcome your input and comments concerning our Products and any other service or matter we may offer. However, we would ask you to refrain from using these Websites to transmit to us any creative ideas or proposals. Ancora is not seeking this type of input, has not requested it in any way and therefore, cannot be held liable for the consequences should it receive unsolicited ideas or proposals. Ancora is not obligated to respond in any way should it receive such ideas or proposals and its silence should not be construed or interpreted in any way as an acceptance or acknowledgement of such ideas or proposals. The contents of our Websites in no way constitute medical advice. You should always consult your doctor before beginning any athletic program. If you ever feel discomfort or pain, you should not continue. Ancora is not responsible for any medical or health problems that may result from your engaging in any activities described on our Websites or from any information you obtain from these sites or through the use of any Product or service for athletic or other activities.

Responsibility for use of the Websites

You are entirely and solely responsible for any use you make of our Websites and any comment or information you provide thereon. Furthermore, you undertake, when using our blogs, to refrain from making any comment that would be illegal as a breach of any right held by another person, such as trademarks and copyrights, or which would be an illegal or unauthorized disclosure of private, personal, privileged or protected information, or which would be libelous and defamatory, obscene or in any way illegal or prohibited. When using our blogs or Websites, you undertake to use your real name, give and use a correct e-mail address and refrain from using any process that could include a virus or malware which could compromise our Websites. You agree that any posting, use, comment or delivery you may make on our Websites shall not be considered confidential, private or proprietary and they shall belong to Ancora who shall be entitled to use, copy, distribute, deal with and market them as it sees fit, irrevocably and in perpetuity, without a owing any compensation, royalty or remuneration of any kind to you for such dealings or any derivatives therefrom.

Modifications

Ancora reserves the right to modify, suspend, cancel or discontinue, without prior notice and at its sole discretion, any of its Websites or any matter appearing on such Websites including any Product, service, feature or content and also including stipulating further conditions for use or the implementation of a user fee or charge or any modification of any existing fee or charge structure. By accessing and using our Websites, you accept and agree that Ancora shall in no way be liable in the event of any such modifications, suspensions, cancellations, discontinuances relating to the Websites or any Product, service, feature or content.

Disclaimer

However, it is important for you to know that Ancora does not, for the moment, manufacture any of the Products. Consequently, Ancora makes no warranties or representations whatsoever to you, whether express or implied, nor does it assume any responsibility concerning the Products, including, without limitation, as relate to quality, use, duration, attributes (such as washability, cleaning, color-fastness) and fitness for a particular purpose or length of time. In the event that a Product should prove defective or in any way cause you damage, you must address your complaint or claim (collectively, the “Complaint”) to the manufacturer of the Product and seek whatever redress from such manufacturer, who is the only person making or providing any representations and warranties with respect to its particular Product. Mindful of its relationship with you its valued customers, Ancora will expend every effort to help you in your dealings with any manufacturer with respect to a Complaint that you may wish to bring to our attention. The use of the Websites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Websites. Ancora assumes no liability whatsoever for any damages of any kind related to your use of the Websites. Furthermore, and while Ancora makes every effort to provide as accurate and up-to-date information as is possible on its Websites, Ancora assumes no liability in the event that there are errors, inaccuracies or omissions (collectively, “Errors”) in the information and documentation, if any, provided by manufacturers concerning their Products which we pass on and provide on our Websites, such as relates to the description, prices, promotions, offers and availability of Products. Ancora will use its best efforts to post on its Websites a notice of correction of any Error, as soon as practicable after the manufacturer has communicated such Error and corrective measure to it, but Ancora cannot be held responsible for any delay in so doing or for any consequence resulting from such Errors. Although this happens rarely, there may be the possibility of some errors on our Websites which do not originate from the manufacturer of Products, such as typographical or printing errors as to pricing, colors, descriptions, promotions etc. We reserve the right to correct any errors relative to spelling mistakes, inaccuracies in colors, sizes or descriptions and pricing. We also reserve the right to change or update any information on our Websites and cannot be held responsible for the consequences of any such changes, or of the fact that certain Products may no longer be available. We also reserve the right to cancel orders, without prior notice, if the information or particulars on which the order is based on our Website is erroneous and the order cannot be processed or you do not accept to proceed with the order with the corrected information or particulars. We endeavour to accurately display the colors of our garments on our website however not all computer monitors display colors in the same way and we are not able to guarantee that the colors that are showcased will be 100% accurate.

Indemnification

You agree to defend, indemnify and hold Ancora, its officers, directors, shareholders, agents and representatives harmless from and against any and all lawsuits, claims of any kind, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Websites in any manner that is in contravention of your duties, undertakings, warranties, representations and obligations which, by accepting the terms of usage of our Websites, you have agreed and are bound to respect.

Dispute Resolution

If you elect to visit our Websites or services, you agree that your visit and any dispute concerning any matter in relation to the Terms and Use Agreement are subject to the present Conditions of Use, Disclaimer and Privacy Policy Statement, and to the Terms and Use Agreement set forth herein. In order to expedite the resolution of an issue, dispute or claim (the “Claim”) as quickly and as efficiently as possible, the party asserting and initiating the Claim should contact Ancora by emailing customer service at contact@nowthatslingerie.com or by phone (toll-free in Canada and the continental USA at 1-855-521-4244 (outside of Canada and the continental USA: 1-514-521-5244) regarding such issue, by providing full particulars and details thereof so that Ancora can be in a position to properly and fully assess such Claim. Litigation can be expensive, both in time and money and Ancora will make every effort to try and resolve the dispute without resorting to formal litigation. However, Ancora reserves the right to deny any Claim. Ancora is prepared to consider alternate modes of resolution of Claims, on a case by case basis, without any obligation to do so. A specific agreement to such effect will need to be concluded with Ancora.

Choice of Law and Forum

If you elect to visit or use our Websites or services, you agree that any Terms and Use Agreement shall be construed in accordance with the laws of the province of Quebec, Canada, in force from time to time and of the laws of Canada in effect in the Province of Quebec, and you irrevocably agree irrevocably to attorn to the competent courts for the judicial district of Montreal, to the exclusion of any other court, instance, tribunal or decider, for the presentation and resolution of any matter, dispute, legal action, Claim or instance in relation to any matter, breach or issue contained or flowing from the present Use Agreement.

IMPORTANT DISCLOSURES

Security

In order to create a more secure environment, we implement security measures to protect against loss, alteration and misuse of personal information which are under our control. We use “Secure Socket Layers” or SSL to protect information when collecting and transmitting your billing information to our payment processor. Despite our thorough endeavours for security, no system can completely guaranty that there will be unauthorized access to your personal information and your use of our Services indicates that you are willing to assume this risk. Ancora uses, mainly, two payment gateways, namely Stripe and Paypal. If you select Stripe, you will be required to put your credit card information on our Website. If you choose Paypal, you will be redirected outside of our Website and directly to Paypal.com where you will be given instructions on how to input your information. Ancora also sells on Amazon.com and Ebay.com but neither of these are handled on Ancora’s Website. Amazon handles the processing of information for the transactions on Amazon.com. For transactions on Ebay.com, these are handled by Paypal.

Children's Privacy

The websites services are directed to an adult audience meaning individuals over 18 years of age. If we are informed that a person is under age, under 18 years old, we will delete that person's information or data from our systems.

Links to other websites

Our services such as blogs use or reference hyperlinks to other websites or third party sites. Since those sites do not belong to us, they are not subject to the present Conditions of Use, Disclaimer and Privacy Policy and our Terms and Use Agreement. The user should in fact read the Privacy Policy of each website they visit so that they become knowledgeable as to how their personal information will be used.

International Users

Our services are hosted in the United States. If you are using our services from outside of the United States you agree and consent to the transfer of your personal information to the United States for processing and in accordance with the present Conditions of Use, Disclaimer and Privacy Policy and our Terms and Use Agreement.

Changes to our Privacy Policy

As time progresses, there may the possibility that we alter our Privacy Policy. You will be aware of the change because “Effective Date” will be posted at the top. Once you access the present Conditions of Use, Disclaimer and Privacy Policy and our Terms and Use Agreement and specifically the Privacy Policy and Services section of our website, you are in this manner consenting to the current terms of any Privacy Policy.

Personal Information

When you make a purchase, you voluntarily share personal information such as your IP (location), name, email address, physical address (to ship your order), mobile number, and/or credit/debit card information. As well you may have accessed our Website through social media networks or other search engines. Our analytics gather information or data as to where the traffic is coming from. When you create an account with us, your password (for logging in to your account with us) as well as contact info are collected in our databases. Ancora does not sell, rent, or give away your personal information to anyone. We do supply information for the purpose of billing and shipping your order. In other words, we do get approval from the credit card company and do give the shipper your address. The other form of third party information that may be used is personally identifiable information submitted for another person by you. For instance, if you want to buy a gift for a friend and have it shipped to them; or, if you complete a "tell a friend" form on our site. Also, we may release account information when we believe, in good faith, that such release is reasonably necessary to 1) comply with the law, 2) enforce or apply the terms of any of our user agreements or 3) protect the rights, property, or safety of Ancora and our users, or others.

Process Payments

When you make a purchase your personal information may be disclosed in order to process the credit card transactions which are handled by a third party such as Paypal for example. They ensure that the card is legitimate. Billing Information When you create an account with us, the address, email as well as the last numbers of the credit card will be entered in your customer account profile.

Phone orders

If you call to place an order with us, we will ask you for the same personal information as though you placed the order on the Websites yourself. We will need email, telephone contact, shipping address as well as the credit card information. This information will be used only for that transaction or order.

Mobile Data

When you are accessing the Websites on the mobile or tablet, you are subject to the same Conditions of Use, Disclaimer and Privacy Policy and our Terms and Use Agreement outlined on the Website.

Cookies (Tracking & Statistics Data)

Cookies are small pieces of information that most web sites use to make online navigation easier. A cookie can contain information such as a user IP (Internet address). We use this tracking technology in order to get information pertinent to which pages on the website has been visited the most frequently, how long a user stayed on the same page, if the user is a new or return visitor etc. These weblogs automatically collect information from your device when you interact or visit with the services or third party websites. We may also collect your password credentials when you log in to your account with us. While you are on the websites we use these tools to measure and collect session information which includes the length of time per page, which pages were accessed, if you have visited the website before or if you are a new visitor. We use Google Analytics to serve first party cookies. Should you have any questions relative to Google Analytics click on the following links to obtain more information. The link https://tools.google.com/dlpage/gaoptout is for Google Analytics Opt-out browser add-on, for the web. The link https://www.google.com/policies/privacy/ is for information on Google’s Privacy Policy. We may also use tracking technologies for system administration in order to prevent fraudulent activities as well as to improve security.

Newsletter / Promotional/ Update Communications

From time to time we may send you in the form of newsletters updates either on new brands or unique promotions we may have. There will always be an unsubscribe link at the bottom if you wish us to stop sending you those emails. Should you want to subscribe to our newsletters, please click on this link https://www.nowthatslingerie.com/newsletter/ . You will be receiving 2 separate emails. The first indicating you are subscribed, the second that asks you to reconfirm. If you don't receive either, please check your spam emails.

Refusal of Website orders

We reserve the right to refuse any order you place with us if we deem it to be suspect. We reserve the right to limit or cancel quantities purchased per person, per address or per order. These cancellations would be made, for example, if the orders are placed by or under the same customer name and address but with the use of multiple credit cards. If, for any reason, we do cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time of cancellation.

Contacting Us

Should you have any questions or comments relative to the present Conditions of Use, Disclaimer and Privacy Policy and our Terms and Use Agreement or anything else, you can email us at contact@nowthatslingerie.com or contact customer service by phone (toll-free in Canada and the continental USA at 1-855-521-4244 (outside of Canada and the continental USA: 1-514-521-5244) or write to us at: Now That's Lingerie.com Les Modes Ancora Inc. 2445 Saint Louis Saint Laurent, Quebec H4M 1P7 Canada Please make sure to include your contact information such as your full name, address, email address, phone number and the reason for your query.