Terms and Conditions of Use and Sale

Modified January 3, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Agreement to be Legally Bound by Terms of Use

This Agreement governs your use of any website operated by or on behalf of pc/nametag Canada from which we link this Agreement (each, a “Site”) as well as your purchase of any of our products (“Products”) from such Sites. By using this Site, you:

signify that you have read, fully understand and agree to be legally bound by these Terms and Conditions of Use (the "Terms of Use" or "Agreement");
represent that you are a resident of Canada, and that have reached the legal age of majority in your jurisdiction of residence, and
agree to comply with all applicable laws and regulations as they may change from time to time.

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE OR ANY COMPONENT THEREOF.

These Terms of Use are binding upon you and your respective heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior express written consent, which consent may be withheld in our sole and absolute discretion.

Amendments to this Agreement

pc/nametag Canada (“pc/nametag”, “us”, “our” or “we”) reserves the right, in our sole and absolute discretion, to modify all or any portion of these Terms of Use at any time and without incurring any liability or obligation to you or any other person or entity.

If we do this, we will post the changes to these Terms of Use on the Site at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms of Use were last revised. In addition, if you have registered with us or we are otherwise required to provide you notice under the applicable law, we will provide you notice using email and/or your mailing address, or any other contact information or other information we have for you in our discretion, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the site after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms of Use, as revised.

It is your sole responsibility to regularly check the Site to determine if there have been any changes to these Terms of Use and to review such changes.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

Privacy and Parental Consent

Without limiting the generality of these Terms of Use, your use of the Site is also subject to the terms of our Privacy Policy. Please carefully review our Privacy Policy. By using the Site, you signify that you have read, fully understand and agree to our Privacy Policy.

Registering an Account and Account Security

Certain features and/or portions of this Site may be password-protected and may require you to register in order to obtain access.

When registering to use any such features and/or portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Site, or any features or portions of the Site, and/or to and may cancel any purchases you have placed on the Site.

You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s).

In the event that your account is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information below. We are not responsible for your failure to comply with this clause, and you are solely responsible for any and all activities which occur under your user account.

Making Purchases through the Site

Please note that we may not be able to ship to all valid addresses and, if we cannot ship to the address you provide, we reserve the right in our sole and absolute discretion to cancel your Order. In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address).

Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars.

All Orders made through the Site are subject to this Agreement, as well as any other applicable terms and conditions outlined on the Site relating to the Order. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels, for example, in a physical store.

You have a legal obligation to pay for any Orders you make on the Site. By completing an Order through the Site, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping or other charges. Taxes may depend on delivery location.

In order to complete an Order through the Site, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order as well as a valid shipping address. Your payment is due and will be processed at the time your Order is shipped. If your items are shipped separately, you will be billed each time an item is shipped. Payments are processed by a third party service provider and pc/nametag does not directly collect your financial information. pc/nametag will only charge you the invoiced amount, but your financial institution may charge you a service charge, currency conversion charge, or other fees. Please consult your financial institution for further information.

pc/nametag reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.

Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it's sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order.

Return Policy

Please refer to our Return Policy.

Delivery

Orders are delivered by Fedex. We reserve the right not to offer any other forms of shipping. The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 28 days of the estimated delivery time, please contact us using the information below. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order, you may receive several shipments to complete your Order.

pc/nametag Rights Regarding Orders

Without limiting the generality of any other section of this Agreement, pc/nametag reserves the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of this Agreement. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed on the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased on the Site to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.

We are Not Responsible for Errors

Information (including, but not limited to, information relating to product descriptions, pricing, colours, promotions, offers, and/or availability) provided by pc/nametag on the Site are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel Orders if any information on the Site is erroneous or inaccurate at any time without prior notice (including after you have submitted your Order).

Verification of Orders

All Orders are subject to verification by pc/nametag at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to pc/nametag): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of this Agreement. In order to help protect you and pc/nametag from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address.

Restrictions on Use of Site Content and Intellectual Property Rights

This Site is owned and operated by pc/nametag Canada. The Site consists of various graphics, texts, icons, buttons and other materials that have been provided by pc/nametag and/or other entities under our direction. All such content is owned by pc/nametag and/or the applicable third party entity. For greater certainty and the avoidance of doubt, pc/nametag and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks and brand names (collectively, the “Site Content”). You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Site does not grant or transfer to you or any other part any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other party any license under any of pc/nametag's or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved by pc/nametag or the applicable third party. For greater certainty and the avoidance of doubt, you agree that you will not take any action that is inconsistent with pc/nametag's ownership of the Site and/or pc/nametag's ownership of, or any third party’s ownership of, any Site Content.

Without limiting the generality of the foregoing, you may download one copy of the Site Content on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. pc/nametag hereby grants each user of this Site a limited, non-exclusive and revocable license to make personal and non-commercial use of the Site and the Site Content as contemplated herein. For greater certainty and the avoidance of doubt, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to redistribute, reproduce or republish, in any form, any Site Content contained within this Site. Modification of the Site Content or use of the Site Content for any other purpose is a violation of pc/nametag's copyright and other proprietary rights.

In the event you download software from the Site, the software, including any files, images incorporated in, and data accompanying the software (collectively, the "Software") are licensed to you by pc/nametag. pc/nametag does not hereby transfer title to the Software. pc/nametag retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, or disassemble the Software. While commercially reasonable efforts are made to help ensure that all Software provided on the Site is suitable for use on a wide variety of systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the Software with your specific system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any Software.

User Conduct and User Content

Certain features and/or portions of the Site may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or transmit through, or to, the Site any User Content that:

may, in the sole and absolute discretion of pc/nametag, degrade, tarnish, disparage, or deprecate pc/nametag, and/or any of its products or services, including without limitation any Site, and/or the public image or standing in the community of pc/nametag or any of its affiliates;
is deemed, in the sole and absolute discretion of pc/nametag to be defamatory, trade libelous, pornographic or obscene;
is deemed, in the sole and absolute discretion of pc/nametag, to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by pc/nametag in its sole and absolute discretion;
contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;
infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;
contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.

Sharing User Content

You understand that any User Content you choose to share via the Site may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. You hereby agree that pc/nametag has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not sponsored or endorsed by pc/nametag, and you will not imply that your User Content is in any way sponsored or endorsed by pc/nametag. Please consider carefully what User Content you choose to share.

License to use User Content

By providing User Content, you: (i) grant to pc/nametag a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, publicly display, distribute, translate and create compilations and derivative works from, or otherwise use, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favour of pc/nametag and anyone authorized by pc/nametag to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, pc/nametag has the right to use any and all User Content and ideas you submit in any manner without any further notice or obligation to you whatsoever. None of the User Content you post on, upload or otherwise submit to or through, the Site will be deemed confidential.

Intellectual Property Concerns

If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Site by providing a written notice with the following information:

Identification of the copyrighted work or trade-mark that you claim has been infringed;
Identification of the allegedly infringing content, and information reasonably sufficient to permit pc/nametag to locate it;
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner's behalf; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

Deliver the notice to us at the following address:
pc/nametag Products Canada
240 South Blair, Unit 4
Whitby, ON, L1N 0G3
Att. Privacy Officer/Legal

Indemnification by User

By using the Site, you hereby agree to indemnify, defend and hold harmless pc/nametag, its parent company, subsidiaries, affiliated entities, suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, implementation, administration or fulfillment of the Site, and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating, directly or indirectly, in any way to your use of the Site and/or breach of these Terms of Use.

Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY SITE CONTENT, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE AND THE SITE CONTENT WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES. ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT PC/NAMETAG HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PC/NAMETAG. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Accuracy and Changes

Facts and information provided by pc/nametag on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information at this Site without prior notice. Please consult pc/nametag for complete and up-to-date information.

Jurisdiction, Severability and Entire Agreement

This Site is controlled and operated by pc/nametag from its offices within the Province of Ontario, Canada. pc/nametag makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Software from this site may be subject to United States and Canadian export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. or Canada as applicable has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

For users who are not an individual resident in Quebec, this Agreement and your use of the Site shall be governed by and construed in accordance with the domestic laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Site and any related matters.

For individual residents of Quebec, this Agreement and your use of the Website and all related matters shall be governed solely by the domestic laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in relation to all disputes arising from or related to this Agreement, your use of a Site and any related matters.

This Agreement (including the various additional terms incorporated herein by reference) constitutes the entire agreement between you and pc/nametag with respect to the subject matter hereof, and supersedes any and all prior agreements, negotiations, or other communications between you and Pc/nametag, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both of us.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by pc/nametag. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

Links and Other Sites

This Site may contain links to the sites of our subsidiaries and affiliates, and to sites that are independently owned and operated by third parties. These other sites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any site(s) owned and operated by any such subsidiaries, affiliates or third parties. Other sites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each site you visit. Any links from this Site to other sites, or references to products, services or publications other than those of pc/nametag, do not imply the endorsement or approval of such sites, products, services or publications by pc/nametag. In the event of any discrepancy or inconsistency between these Terms of Use and disclosures or other statements contained in any sites featured on the Site or linked to the Site, the terms and conditions of these Terms of Use shall prevail, govern and control to the fullest extent permitted by law.

Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site. In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

Termination

If you breach any provision of these Terms of Use you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the Site (or any feature or portion thereof) is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Use, then your sole and exclusive remedy is to discontinue using the Site. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement. Upon termination, you must destroy all Site Content and Software obtained from this Site and any and all other pc/nametag site(s) and all copies thereof, whether made under the terms of this Agreement or otherwise.

How to Contact Us

You may contact us with comments and questions about this Site at:
pc/nametag Canada
240 South Blair, Unit 4
Whitby, ON, L1N 0G3
1-888-283-7939