Conditions of Use
Welcome to Frank And Oak! The services on this site are offered to you by UCG Canada Holdings Inc., parent company of Frank And Oak. For all orders made in the US, you are subject to these terms and conditions under UCG Canada Holdings Inc. (“Terms of Use”). For the rest of this text, Frank And Oak will be used, but it is understood that Frank And Oak is a part of UCG Canada Holdings Inc. When you use Frank And Oak ("FRANKANDOAK.COM", "Frank And Oak", "we", "our", "us") you understand that you are subject to the following Terms of Use. If you visit or shop at FRANKANDOAK.COM, you accept and agree to abide by these Terms of Use. These Terms of Use govern your access to and use of the website, including any content, functionality, and services offered on or through, and any other media form, media channel, mobile application linked, or otherwise connected to https://www.frankandoak.com/ (collectively, the "Website"). Please read them carefully. We reserve the right to make changes or modifications to these Terms of Use from time to time. When you use any current or future FRANKANDOAK.COM service, you will be also subject to the guidelines and conditions applicable to such service or business. Before placing an order, if you have any queries relating to these Terms of Use, please email our customer service team at memberservices@frankandoak.com.
BY USING THE FRANKANDOAK.COM WEBSITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND OUR PRIVACY POLICY, FOUND AT https://www.frankandoak.com/pages/privacy AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE FRANKANDOAK.COM WEBSITE.
Privacy
Please review our Privacy Policy, which also governs your visit to the Website, which is incorporated into these Terms of Use, in order to understand our practices. The Website is hosted in the United States and we make no claim that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States with laws or regulations governing personal data collection, use, or disclosure that differ from applicable laws in the United States, you are transferring your data to the United States and you agree to have your data transferred to and processed in the United States.
Electronic Communications
When you visit the Website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Intellectual Property Rights
The Website is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, images, and graphics, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Frank And Oak, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Frank And Oak owns any and all intellectual property rights relating to the Frank And Oak brand, trade name, trade dress, and other content including: contents, features, and functionality (including but not limited to all data, information, software, text, displays, logos, images, video, and audio, and the graphics, layout, design, selection, and arrangement thereof) (collectively, “Content”) that has or provides the "look and feel" of the Frank And Oak brand image, and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by Frank And Oak, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All Content and Marks are provided “AS IS” for your information and personal non-commercial use only. Except as expressly provided in these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or Marks on our Website without our express written permission. Your use of the Website does not grant you any rights or licenses relating to the Frank And Oak intellectual property rights, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Content or Marks may be used, reproduced, published, transmitted, distributed, displayed, modified, used to create derivative works, sold, resold, or exploited in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent.
The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any graphics or programming. All other content, including product names, names of services, trademarks, service marks, and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.
License and Website Access
Frank And Oak grants you a limited license to access and make personal use of the Website, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Frank And Oak. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.
The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Frank And Oak. You may not frame or utilize framing techniques to enclose Mark, or other proprietary information (including images, text, page layout, or form) of Frank And Oak without express written consent. You may not use any meta tags or any other "hidden text" utilizing Frank And Oak’s name or Marks without the express written consent of Frank And Oak. Any unauthorized use terminates the permission or license granted by Frank And Oak. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the FRANKANDOAK.COM home page, so long as the link does not portray Frank And Oak or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Content or Marks as part of the link without express written permission.
Your Account
Certain functions of the Website may require registration, including purchasing products and posting reviews. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If you use the Website, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Website only with involvement of a parent or guardian. Frank And Oak reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Billing, Payment & Credit Card Information
When you place your first order, we will save your credit card information for use on future purchases. Your card will be billed for any recurring orders or subscriptions you initiate (such as Style Plan). We accept Visa, MasterCard and American Express as forms of payment. We encourage you to keep your payment information up to date to avoid interruption of service.
Use of Credits as Payment
Frank And Oak members are eligible to accrue credits through various means including referring friends and making purchases as a Hunt Club member. Other methods for acquiring credits are in the works, we are constantly looking to create new ways to engage our members. Credits are valid for 12 MONTHS from the date of issue. When checking out, your available credits will be displayed and you have the option to select these as a form of payment. If you do not use all of your credits, the remaining credits will remain in your account. You may not use partial amounts of credit.
Contacts & Information Imported via Sharing
Any contact information imported or shared with another person may be stored privately by Frank And Oak, as well as the personal information of any recipient. We may also use that recipient’s contact information to allow him or her to view and accept your gift, or to allow the recipient to access the information you requested we send.
Returns & Exchanges
If you’re not completely satisfied with the fit, look, or feel of your Frank And Oak purchase, you can return it to be refunded. Return shipping is on us, and you can print a prepaid shipping label through your account page in the Returns section. All items returned must be in unworn condition, with no stains, tears or visible signs of use or wear. Items must be returned back to our warehouse within 30 days from order delivery date as denoted by Canada Post or USPS through tracking number information, or the in-store purchase.
Copyright Complaints
Frank And Oak respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at memberservices@frankandoak.com. Upon receipt of any notice, Frank And Oak will take whatever action, in its sole discretion, including removing the content from the Website.
Artificial Intelligence Policy
Frank And Oak strives to deliver content that meets or exceeds customer expectations and is committed to the highest ethical and legal standards in the use of AI technologies. While Frank And Oak may use AI tools to assist in content development for blog posts, chat boxes, or other marketing purposes, Frank And Oak’s human editors review, edit and validate such content to ensure that the final output provides accurate solutions for your specific inquiries. Frank And Oak acknowledges risks and limitations inherent in using such AI technologies and is committed to complying with all applicable intellectual property laws, including patent and copyright laws. We value your feedback and input and will address any concerns promptly and efficiently. Please contact us at memberservices@frankandoak.com.
Risk of Loss
All items purchased from Frank And Oak are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Product Descriptions
Frank And Oak has made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery.
All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Frank And Oak attempts to be as accurate as possible. However, Frank And Oak does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by the Website is not as described, please contact our customer service department at memberservices@frankandoak.com.
Prohibited Activities
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- Retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from us.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission standards set out in these Terms of Use.
- To transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Frank And Oak, a Frank And Oak employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Frank And Oak or users of the Website, or expose them to liability.
- Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying any of the Content or the Marks.
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Sell or otherwise transfer your profile.
- Otherwise attempt to interfere with the proper working of the Website.
User Contributions
If you choose to provide any personal information via the Website, the information will be used only for certain purposes, as described in our Privacy Policy. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Policy. In order to facilitate communications between you and Frank And Oak, the Website offers you the ability to contact us. Although we strive to protect and secure our online communications and use the security measures detailed in our Privacy Policy to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. To the fullest extent permitted by applicable law, Frank And Oak shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
Limitations on Information Submitted
Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments you send to us (collectively, "Submissions") will be deemed non-confidential and non-proprietary, and by submitting it, you are granting us you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, with no payment or other compensation to you. You also acknowledge that we may use your Submissions and any ideas, concepts or know how contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.
Without limiting the foregoing, any Submissions, through the Website or otherwise, must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy found at https://www.frankandoak.com/pages/privacy.
- Contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components.
- Be likely to deceive any person.
- Contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Disclaimer of Warranties and Limitation of Liability
THE PRODUCTS, SERVICES AND INFORMATION PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. FRANK AND OAK, ITS PARTNERS, AFFILIATES AND SUPPLIERS DO NOT GUARANTY ERROR-FREE OR UNINTERRUPTED OPERATIONS OF THIS WEBSITE. FRANK AND OAK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE MATERIALS ON THIS WEBSITE MAY BE OUT OF DATE, AND FRANK AND OAK MAKES NO COMMITMENT TO UPDATE THE MATERIALS. INFORMATION PUBLISHED ON THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE ON YOUR JURISDICTION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRANK AND OAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRANK AND OAK DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM FRANKANDOAK.COM OR FRANKANDOAKMAIL.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRANK AND OAK, ITS PARTNERS, AFFILIATES AND SUPPLIERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), BREACH OF CONTRACT, CONSEQUENTIAL DAMAGES OR OTHERWISE, EVEN IF FORESEEABLE.
THE LAWS OF CERTAIN JURISDICTIONS
Links to Other Websites
Links to third-party websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked websites. Frank And Oak has not reviewed these third party websites and does not control and is not responsible for any of these websites or third content. Frank And Oak does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this site, you do this entirely at your own risk and you are subject to these Terms of Use and conditions of use for such websites. You agree to hold us harmless for any harm or losses sustained by you relating to or resulting from any third-party content or links to other websites.
Term and Termination
These Terms of Use will remain in full force and effect while you use the Website. You acknowledge and agree that Frank And Oak, in its sole and absolute discretion may, without notice to you, suspend or terminate your use of, or access to the Website, for any services and remove and discard any related materials for any reason, including where Frank And Oak believes that you have violated any of these Terms of Use. You agree that Frank And Oak shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this Website. If we suspend or terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition, we reserve the right to take appropriate legal action, including without limitation all civil, criminal, and injunctive relief.
Indemnification
You shall defend, indemnify, and forever hold harmless Frank And Oak, its partners, affiliates, parent company, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Content, Submissions, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
SMS Communications
By opting into SMS messaging, you agree to receive periodic automated marketing and informational text messages from Frank And Oak. Automated messages may be sent using an automatic telephone dialing system to the mobile number you designate when signing up. Not a condition for purchasing any products from Frank And Oak and you can cancel at any time. Message frequency may vary, and additional messages may be sent periodically based on your interaction with us. We reserve the right to alter the frequency of messages sent at any time. Message and data rates may apply. We will provide instructions for opting out at any time. You can cancel messages by texting “STOP” or “UNSUBSCRIBE” and we will send you a confirmation and remove you from our contact list. For any questions, please contact memberservices@frankandoak.com.
Applicable Law
By visiting the Website, you agree that the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws, will govern these Terms of Use. The courts of the Province of Quebec shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
Revision of Terms of Use
Frank And Oak may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you and your continued use of this Website signifies your acceptance of these revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Website. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience to you caused by your inability to access and use the Website during any downtime or unavailability of the Website.
Entire Agreement
These Terms of Use together with Frank and Oak’s Privacy Policy constitute the complete and entire agreement between you and Frank And Oak pertaining to the use of this site and supersede any prior agreements, whether written or oral. We may assign any or all of our rights and obligations to others at any time. The section headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Waiver
Frank And Oak will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Frank And Oak. No delay or omission by Frank And Oak in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.
Website Policies, Modification and Severability
Please review our other policies, such as our Privacy Policy, posted on the Website. These policies also govern your visit to the Website. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. Any changes or revisions will be effective immediately upon their posting on the Website. Your use of the Website will be subject to the version of the Terms of Use posted on this Website at the time of such use. Accordingly, you are advised to review these Terms of Use prior to using the Website.
YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE WEBSITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Promotional Offers
Frank And Oak promotional offers may be subject to specific guidelines and restrictions that are separate from these Terms of Use. In addition to these specific promotional terms, these Terms of Use always apply at the discretion of the Frank And Oak management team. Orders placed that violate these guidelines may, or will be canceled, as the case may be, and considered fraudulent.
Contact Us
In order to resolve any concerns regarding the Website or All other feedback, comments, requests for technical support to receive further information regarding the use of the Website, please contact us at memberservices@frankandoak.com.