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MiN NEW YORK CHAD MURAWCZYK

Effective Date: January 1, 2018

Greetings to the MiN New York Website (the "Site").

MiN New York provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy as well as other terms and conditions and policies which you will find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively referred as our, "Terms and Conditions"). By using or accessing the Site, you are acknowledging that you have read, understand, and agree, without any limitation or qualification, to be bound by these Terms and Conditions.

THE SECTION BELOW ENTITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT MAY APPLY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

You are required to be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are below the age of 18 years old or the age of majority in your jurisdiction, then you are not authorised to make a purchase on our Site. If you are below the age of 13 years old, you may browse our Site. However, you may not provide personal information to us nor register on the Site. This Site is not directed to children below 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS OUR SITE.

1. Privacy

Please review our Privacy Policy for details about the personal information practices of MiN New York.

2. Products and Services for Personal Use 

The products and services available on the Site, and any samples thereof we may provide to you, are solely for personal use. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. 

3. Purchase Related Procedures and Policies

To make a purchase on the Site, you must be 18 years old or the age of majority in your jurisdiction of residence.

PRICES

The prices are shown in USD/EUR/GBP (depending on your country of delivery) and will be quoted including or excluding taxes depending on your address of delivery:

Items to be delivered within North America will be quoted sales tax excluded
Items to be delivered within the Euro Zone will be quoted sales tax inclusive
Items to be delivered to Great Britain will be quoted sales tax inclusive
The shipping costs are not included in the price except for orders including 2.0ml samples only. These will be automatically shipped by the local postal services.

Our prices may be modified at any time. However, MiN New York applies the price list in force shown on its Internet site at the time of ordering.

Display price and final check out price may vary according to where you decide to ship your order. Destination choice will impact shipping origin to accommodate for shipping regulations of alcohol based goods such as perfumes and to reduce shipping costs. It will also impact currency and sales tax calculations, which may be waived in some instances.

PAYMENT

Payment is due upon ordering. No order can be dispatched without confirmation from our bank that your payment has been received. Online payment is accepted exclusively by credit card:

US and Canada: Visa, Mastercard, and American Express 
FR: Visa, Mastercard, and American Express 
UK and Other Countries: Visa, and Mastercard

An invoice detailing a breakdown of your purchases will be included with your order.

Online payment uses SSL protocol, which offers maximum security. The information transmitted is entirely coded, is not seen nor stored and is not shared with anyone.

SHIPPING

Orders

MiN New York undertakes to accept and deliver orders within the limit of available stocks. In case items are temporarily or permanently unavailable, we will send you an e-mail so that you are informed. You will then have the option of modifying or canceling your order. In case of a cancellation because of the temporary or permanent non-availability of items, we undertake to give you a full refund as quickly as possible. By confirming your order, you are accepting all of our general conditions of sale. MiN New York takes no responsibility for lost shipments but rest assured we will do our best to track down your order.

Delivery

Delivery times vary according to the destination and type of delivery. MiN New York cannot be held responsible for any delays in delivery as it is literally out of our hands. Delivery delays will not give rise to any penalty nor indemnity, and cannot be used as reason for cancelling the order.

UNITED STATES

Please note that all our packages (except samples orders) to US are shipped via UPS Ground. For this reason, the delivery may take up to a week.

Samples orders are shipped via USPS First Class and the delivery may take up to 8-10 business days, no tracking number is available.

We DO NOT ship to PO boxes or APO/FPO addresses in the US.

Orders placed on Friday will be processed on Monday

CANADA

Please note that all our packages, including sample orders, shipping to Canada are dispatched via Canada Post. For this reason, the delivery may take up to a week. 

Orders placed on Friday will be processed on Monday

UNITED KINGDOM

Please note that all our packages (except samples orders) to UK are shipped via UK-Mail. For this reason, the delivery may take up 2-3 business days.

However, depending on the area and time of order (such as Holiday Season), estimated delivery date may vary, especially for the following: Northern Ireland, Scottish Island, Channel Isles/Channel Islands, North of Scotland.

Orders placed on Friday will be processed on Monday.

An order placed during any of the bank holidays will be dispatched later as the couriers are closed.

Samples orders are shipped via Royal Mail and the delivery may take up to 3-5 business days, no tracking number is available. 

FRANCE

Please note that all our packages (except samples orders) to France are shipped via Colissimo. For this reason, the delivery may take up 2-3 business days.

However, depending on the area and time of order (such as Holiday Season), estimated delivery date may vary.

Orders placed on Friday will be processed on Monday.

An order placed during any of the bank holidays will be dispatched later as the couriers are closed.

Samples orders are shipped via La Poste and the delivery may take up to 3-5 business days, no tracking number is available. 

OTHER COUNTRIES

Please note that all our packages (except samples orders) shipping to other countries, are dispatched via DHL. For this reason, the delivery may take up 5-10 business days.

Samples orders are shipped via Royal Mail, and delivery may take up to 10-15 business days, no tracking number is available.

Please be advised that MiN New York cannot be held responsible for lost packages or delays for all non-tracked deliveries although we will do our best to sort it out with the carrier.

Please also note that tracked deliveries that cannot be delivered because of absent clients will be shipped again at the client’s expense or cancelled. For specific delivery lead times, please contact us with your request before placing your order. You may reach us by e-mail at (concierge@min.com) or by phone + 1.212.206.6366 Monday through Friday11am through 6pm EST.

Once an order has been placed, the shipping option cannot be modified.

Your order will be shipped to the delivery address you provided.

Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed. 

Delivery of Perfume Orders

Due to strict international transport regulations (IATA), we are not allowed to ship items containing alcohol (hence perfumes) to some countries, sorry about that… If your country is not listed below, we recommend that you order our perfume oil instead or the body care collection as they do not contain alcohol and can be sent anywhere in the world. If it’s an option for you, you can also change your delivery address to one of the countries listed here. Our most sincere apologies for the inconvenience.

List of the countries where WE DO ship alcohol-based items (perfumes):

United States 
Canada 
France 
United Kingdom 
Guernsey 
Isle of Man 
Jersey 
Northern Ireland 
Scotland 
Wales 
Austria 
Belgium 
Bulgaria 
Cyprus 
Czech Republic 
Denmark 
Estonia 
Finland 
Germany 
Greece 
Hungary 
Ireland 
Italy 
Latvia 
Lithuania 
Luxembourg 
Malta 
Montenegro 
Netherlands 
Norway 
Poland 
Portugal 
Principality of Andorra 
Romania 
Slovakia 
Slovenia 
Spain 
Sweden 
Switzerland 
Vatican


RETURNS AND EXCHANGES

All creations are final sale. Because all MiN New York are entirely prepared by hand to order, we do not accept returns nor exchanges. However, the item will be replaced at MiN New York's cost (including shipping) should there be a rare pump malfunction. 

RISKS AND WARRANTY

The transfer of risks attached to the items sold by MiN New York shall take place upon handing-over to the carrier. If the items sent do not conform to your order, or should they be defective, they will be replaced and in this case, the return costs are payable by MiN New York.

FRAUD PREVENTION

All orders marked as at risk for fraud will be verified by calling and emailing the client. Please be sure to provide us with the right email address and phone number to avoid any delays in the order process.

CLIENT CARE

Should you have further questions, please contact our concierge! You can reach us by e-mail at concierge@min.com or by phone 1.212.206.6366 Monday through Friday11am through 6pm EST.

4. Accuracy of Information

We do our best to be as accurate as possible in describing our products and services on the Site; however, to the extent permitted by applicable law (which may not include Quebec), WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLOURS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

It is possible that this Site may contain typographical errors or inaccuracies and may not be complete or current. Except as may be prohibited by Quebec law, we therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability and, except as may be prohibited by Quebec law, we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We sincerely apologise for any inconvenience this may cause.

5. Intellectual Property

All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, features, functions, images, text, graphics, photographs, button icons, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the "Content") is the property of MiN New York, our parents, subsidiaries, affiliates, partners or licensors, and is protected by Canadian, United States and other international laws, including laws governing copyrights and trademarks. Our trademarks and trade dress are not to be used in any manner for any purpose without our express written consent.

Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, duplicated, produced, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

6. Limited Licenses

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. All proprietary notices on the Site or affixed to or contained in the Site be be retained.

We also grant you a limited, revocable, non-transferable and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We reserve the right at any time and in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume linking. 

Any unauthorised use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

7. Your Responsibilities and Obligations

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to MiN New York, our parents, subsidiaries, affiliates, licensors or partners.

8. Your Account

Subject to the outlined above age restrictions, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. If you do register, you will have an email address/username and password for your account. You are entirely responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorised use of your password or account, please notify us immediately. You are solely responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorisation under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such use or access.

Except as may be prohibited by Quebec law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in MiN New York’s best interests to do so. 

9. Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, supplier, or service. Your linking to or from any off-website pages or other websites is solely at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site. We also do not assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. It is important that you carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. 

10. Special Features, Events and Functionality

The Site may offer certain special and unique features and functionality or events (such as occasional contests, sweepstakes or other type offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties and/or affiliates. If so, we will notify you of this and if you choose to take advantage and participate in any of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

11. Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by posting or transmitting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and licence to use, copy, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission (in whole or in part) in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services and you further waive any “moral rights” that you may have in the Submissions. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. 

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that you have the right to grant the foregoing rights to MiN New York. You further represent and warrant that such Submission does not constitute or contain commercial solicitation, software viruses, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. 

12. User Content

When you transmit, upload, share, post distribute, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 11 above. This means that all third parties, not MiN New York, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is abusive, unlawful, harmful, threatening harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, copyright, trade secret or other proprietary or privacy rights of any party. In addition, you agree not to transmit, upload, post, e-mail, install, or otherwise make available any computer program or destructive software such as viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, harm or entrap any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, provincial, national or international law; (v) harvest, collect, gather, assemble or store personally identifiable data about other users, including e-mail addresses; or (vi) attempt to gain unauthorised access to the Site, other networks or computer systems connected to the Site, through password mining or any other means. 

We do not endorse or control the User Content transmitted or posted on the Site, We do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content uploaded, transmitted, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any User Content. 

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to condense, change, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Deletion of User Content

If you would like to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email at concierge@min.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 14 business days to process your deletion request.

13. Representations and Warranties; Limitation of Liability

THE LAWS OF QUEBEC MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES, OR LIMITATIONS ON THE ABILITY TO BRING CLAIMS OR LEGAL ACTIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, AFFILIATES, SUBSIDIARIES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.

YOU AGREE THAT NEITHER WE NOR OUR PARENTS, PARTNERS, SUBSIDIARIES, AFFILIATES, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR CONTROL. 

FURTHER, NEITHER WE NOR OUR PARENTS, PARTNERS, SUBSIDIARIES, AFFILIATES, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) OR ITS EQUIVALENT IN CANADIAN DOLLARS.

YOU AGREE THAT NO ACTION OR CLAIM IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

14. Indemnification

You agree to defend, indemnify and hold us, our parents, partners, subsidiaries, affiliates, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including attorneys' fees, resulting from your use of software spiders, robots, crawlers, or similar data gathering and extraction tools, or any other action you take that causes an unreasonable burden or load on our infrastructure.

15. Disputes

United States Residents:

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF libellous OR OUR PARENTS, PARTNERS, SUBSIDIARIES, AFFILIATES, OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PRE HEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. 

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Canada Residents:

Unless the applicable laws of your jurisdiction of residence require that the laws of such jurisdiction govern, such as Quebec, with respect to any dispute regarding the Site, all obligations and rights and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the Province of Ontario. Except in Quebec, to the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the Province of Ontario and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted in accordance with the Arbitration Act, 1991 (Ontario). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise. 

16. Consent to Receive Notices Via Email Electronically and by Posting on the Site 

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms and Conditions or to the services offered by the Site, by posting notices or links to such notices on the Site itself. If you have any questions or comments regarding these Terms and Conditions please contact us at [concierge@min.com].

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Please read your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

17. General

You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Site constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior agreements, proposals, or other communications. 

We reserve the right, in our sole discretion, to change or modify all or part of these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Except as may be prohibited by Quebec law, any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to discontinue or modify, temporarily or permanently, the Site (or any part thereof) with or without notice.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such invalidity or unenforceability shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

Any questions regarding these Terms and Conditions, please email us at concierge@min.com.

Copyright :copyright: MiN New York. We reserve all worldwide rights.