Terms of service
OVERVIEW
These terms of use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (the "Terms of Service” or “Terms") describe your rights and responsibilities as a User of our Services (as defined in the paragraph below). This website is operated by The Princess Margaret Cancer Foundation and is hosted by Shopify Inc., who provides us with the online e-commerce platform that allows us to sell our products and Services to you. Throughout the website and these Terms of Service, the terms “we”, “us” and “our” refer to The Princess Margaret Cancer Foundation. “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (a) you have the full legal authority to bind your employer or such entity to these Terms; (b) you have read and understood these Terms; and (c) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity, please do not click the “I agree” (or similar button or checkbox) that is presented to you or use or access the Services.
PLEASE NOTE THAT IF YOU SIGN UP FOR A SERVICE USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (I) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY; (II) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS; AND (III) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
1. LEGAL AGREEMENT
1.1. Acceptance of Our Terms. The Princess Margaret Cancer Foundation offers this website, including all information, tools and services available through this website (such as making a purchase) (our “Services”) to you, the User, conditioned upon your acceptance of these Terms. If you have any questions about the Services or the accessibility of the Services, please contact us. These Terms are effective as of the date you first click “I agree” (or a similar button or checkbox) or use or access the Services, whichever is earlier. These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or a similar button or checkbox) or by using or registering for the Services. For greater certainty, these Terms include any hyperlinks contained herein and any other document executed by the parties that incorporate these Terms by reference. If you do not agree with, or cannot comply with, these Terms, then you may not use the Services.
1.2. Changes to the Services or these Terms. Any new features or tools which are added to the current website shall also be subject to the Terms of Service and are included within the definition of “Services”. We reserve the right at any time to modify or discontinue any product or Service (or any part or content thereof) without notice at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.
1.3. International Use. Accessing the Services in certain countries may not be lawful, and we make no representation that the Services are appropriate or available for use in locations outside Canada or within Quebec. If you choose to access the Services from outside Canada or within Quebec, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws.
2. ONLINE STORE TERMS
2.1. Users. By accessing our Services, you are a user of the Services (“User”).
2.2. Representations and Warranties. As a condition of your use of the Services, you represent and warrant that: (a) you have reached the age of majority in your location of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the Services in accordance with these Terms; (d) all information supplied by you via the Services is true, accurate, current, and complete; (e) you have not previously been suspended or removed from our Services; (f) your use of the Services will not infringe or misappropriate the confidentiality or intellectual property rights of any third party; and (g) your registration and use of the Services comply with all applicable laws and regulations.
2.3. Limited License Grant. Subject to your continued compliance with these Terms and the restrictions set out in Section 2.4 below, we grant you a non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the Services for your personal purposes.
2.4. Prohibited Activities. You are prohibited from using the Services:
(a) for any unlawful purpose or a manner not permitted by these Terms;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to decompile, reverse engineer, or otherwise access or attempt to access the source code for the Services;
(f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination;
(g) to submit false or misleading information;
(h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related website, other websites, or the Internet;
(i) to collect or track the personal information of others;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape or any other action in violation of Canada’s anti-spam legislation (“CASL”);
(k) for any obscene or immoral purpose;
(l) to interfere with or circumvent any feature of the Services, including without limitation any security, or access control mechanism;
(m)to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
(n) to reproduce, duplicate, copy, sell, resell, or exploit the Services, access to the Services, or any portion of the Services without our express written permission;
(o) to transmit any advertising or promotional materials; or
(p) to interfere with or circumvent the security features of the Services, or any related website, other websites, or the Internet.
2.5. Free and Discounted Services. You may receive access to certain Services or product features on a free, fully discounted, or trial basis (“Free and Discounted Services”). Use of Free and Discounted Services is limited to the period specified by us. We may terminate your use of Free and Discounted Services at our discretion at any time, without liability to you. We may modify Free and Discounted Services at any time for any reason. Free and Discounted Services may be incomplete, and their features and performance information are our confidential information. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, WE PROVIDE NO WARRANTY, INDEMNITY, SERVICE LEVEL AGREEMENT, OR SUPPORT FOR FREE AND DISCOUNTED SERVICES AND WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR USE OF FREE AND DISCOUNTED SERVICES.
2.6. Use with your Mobile Device. Use of these Services may be available through a compatible mobile device and may require additional software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees that may be required on your mobile device or through your telecommunications provider.
3. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
3.1. Accuracy of Information. All website content, materials, and information are provided on an “as is” basis. We are not responsible if information made available on this website or through the Services is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.2. Modification of Information. We reserve the right to modify or remove any website content, materials, or information at any time. We cannot and do not review all communications made available on or through the Services, but, although not obligated to, may review, verify, make changes to, or remove any content, materials, or information, including information submitted in connection with the Services or other features at any time, with or without notice to you, in our sole discretion.
4. YOUR ACCOUNT
4.1. Account Information. To access certain Services, you may be required to create an account on our website or store (“Account”). You are responsible for ensuring the accuracy of the information included in your Account, including updating your information as necessary. By registering for an Account, you are representing and warranting that: (a) you own or have sufficient authorization to use the computer, mobile device, technology, or other device you use to access the Service; and (b) you will access and use the Services solely in accordance with, and for the purposes consistent with, these Terms. Only one person may use an Account; two or more people may not share an Account.
4.2. Account Security. All activity conducted in connection with your Account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your Account. Your password protects your Account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your Account by a third party, you must notify us immediately and change your password as soon as possible.
4.3. User Content. You are solely responsible for any content that you post, upload, or otherwise contribute to the Service, which may include, for example, pictures, text, messages, information, descriptions, receipts, and/or other types of content (“User Content”). You represent and warrant that, with respect to the User Content: (a) you own or otherwise control all of the necessary rights to such User Content; and (b) such User Content, or its use by us as contemplated by these Terms, does not violate these Terms, applicable law, or any third-party intellectual property, publicity, personality, or other rights.
5. PRICES
5.1. Prices. Prices for products or Services are as listed on the website at the time of submitting your order. All prices exclude shipping costs and applicable taxes, which you are responsible for in addition to the product price. All orders represent offers by you and are subject to acceptance by us in our sole discretion. Any offer for any product or Service made on this website or through the Services is void where prohibited by applicable law.
5.2. Order Changes. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.3. Return and Refund Policy. Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return and Refund Policy. We have made reasonable efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
5.4. Price Changes. Prices for our products and Services are subject to change without notice. Subject to applicable law, you are deemed to accept the new price by continuing to use the Services after the price change takes effect.
5.5. Currency and Taxes. All fees with respect to the Services are quoted in Canadian dollars. You are responsible for paying all applicable taxes with respect to the Services.
5.6. Third Party Payment Provider. Payment for Services may be made through Shopify Inc.’s payment gateway provider. You may be required to submit your payment details to the relevant third party payment gateway provider, and you may also be required to accept additional terms and conditions in relation to the use of such services. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
5.7. Billing Information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store or through the Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. OUR PROPRIETARY RIGHTS AND USER FEEDBACK
6.1. Our Intellectual Property. We and our licensors have and retain all rights, titles, and interests, including all intellectual property rights, in and to our website, Services and products, including any modifications or improvements thereto, made by you or us. Your use of the Services will not create or grant you any rights in or to the Services.
6.2. Brand Features. Except for third party marks, as between you and us, all names, trademarks, service marks, certification marks, symbols, icons, slogans, or logos appearing on the website, Services or products are proprietary to us or our affiliates, licensors, or suppliers (“Brand Features”). Use or misuse of the Brand Features is expressly prohibited. Unless otherwise expressly authorized by us in writing, you may not copy or use any Brand Features.
6.3. Feedback. From time to time, you may choose to submit, or we may request that you submit on a voluntary basis, comments, content entries, questions, creative ideas, suggestions, or other materials or feedback relating to the website, products or Services to us (“Feedback”). You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. We may in connection with any of our products or Services freely use, copy, disclose, license, distribute, and exploit any Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. No Feedback will be considered your confidential information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise. We are and shall be under no obligation (a) to maintain any Feedback in confidence; (b) to pay compensation for any Feedback; or (c) to respond to any Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
7. PERSONAL INFORMATION
7.1. Personal Information. You acknowledge and agree that by providing us with your personal information, using our Services, or otherwise interacting with us, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy, and for the purposes identified to you at the time you provide the personal information. To view our privacy policy, please visit the following hyperlink: Privacy Policy (“Privacy Policy”).
7.2. Transfers and Processing. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
8. DISCLAIMERS
8.1. Third Party Tools. The Services may be integrated with, or may otherwise interact with, certain third-party applications, websites, devices, tools, and services to make the Services available to you (“Third Party Tools”). These Third Party Tools may have their own terms and conditions of use and privacy policies, and your use of these Third Party Tools will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third Party Tools or for any transaction you may enter into with the provider of any such Third Party Tools. We do not warrant the compatibility or continuing compatibility of the Third Party Tools with the Services. Complaints, claims, concerns, or questions regarding Third Party Tools should be directed to the third-party.
8.2. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND ANY OTHER INFORMATION OR MATERIALS ON, IN, OR MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR ANY PARTICULAR PURPOSE; (B) WILL BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT, OR COMPLETE; (C) WILL OPERATE AND BE AVAILABLE WITHOUT INTERRUPTIONS; OR (D) WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
8.3. No Professional Advice. We do not give professional advice. Unless specifically included with the Services, we are not in the business of providing legal, financial, accounting, tax, health care, real estate, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
9. LIMITATION OF LIABILITY
9.1. No Indirect Damages. To the maximum extent permitted by law, in no event will we or our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for: (a) any indirect, consequential, incidental, exemplary, punitive, or special damages; or (b) for any damages, whether direct, indirect, consequential, incidental, exemplary, punitive, or special, characterized as lost revenue, lost savings or revenue, or lost profits, whether based on contract, tort (including negligence), or other legal or equitable basis, including without limitation damages for harm to business, loss of information or data, loss of goodwill, or other economic loss.
9.2. Our Limitation of Liability. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF A BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF: (A) THE AMOUNT PAID BY YOU, IF APPLICABLE, FOR THE SERVICES WHICH GAVE RISE TO THE LIABILITY HEREUNDER; AND (B) CAD $100.
9.3. Remedies Available to Us. You acknowledge and agree that the use of the Services in violation of these Terms could cause irreparable harm to us and that in the event of such unauthorized use, we are entitled to an injunction in addition to any other remedies available at law or in equity.
10. INDEMNIFICATION
10.1. Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless us and our directors, employees, officers, advisors, contractors, and agents (“Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, incurred by any of the Indemnitees, arising out of: (a) your breach of these Terms or the policies they incorporate by reference; (b) your violation of any applicable laws or the rights of a third party; (c) any user content that you post, contribute, or otherwise submit on or through the Services; or (d) any activity that you engage on or through the Services.
11.1. Term. These Terms of Service are effective unless and until terminated by either you or us in accordance with this Article 11.
11.2. Termination by You. You may terminate your use of our Services or your Account at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our Services. If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
11.3. Suspension or Termination by Us. Without limiting any other remedies, we may suspend or terminate your Account or your access to the Services (or any portion thereof), at any time, with or without notice to you, if we suspect that you are not compliant with these Terms. In the event of termination, you will have no further access to your Account or anything within the Services associated with it, and you will remain liable for all amounts due up to and including the date of termination. If we terminate your Account, you may not create a new Account or access the Services except with our express permission.
11.4. Survival. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
12. GENERAL CONDITIONS
12.1. Refusal of Services. We reserve the right to refuse Service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.
12.2. Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
12.3. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
12.4. Communications. We may be required by law or at your request to send you communications about the Services. You agree that we may send these communications to you via email or by posting them on our website.
12.5. Entire Agreement. These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
12.6. No Waiver. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
12.7. Interpretation. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
12.8. Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto in the Province of Ontario.
12.9. Linking to the Website. We permit links to the homepage of the website, provided that any references and links to the website are fair, legal, and would not reasonably be deemed to damage or take advantage of our reputation. You may not link to the website in a way that suggests or indicates any affiliation, association, or approval between you and us where such affiliation, association, or approval does not exist. In addition, you must adhere to the following conditions if you link to the website: (a) you may not establish a link from any website that is not owned by you; (b) you may not cause the website or portions of the website to be displayed, or appear to be displayed, on any website; (c) you may not link to any part of the website other than the homepage; and (d) you may not take any action with respect to the website that is in violation of, or inconsistent with, any provision set out in these Terms. Where any link to the website includes the use of a Brand Feature, the goodwill in such use will accrue to our sole benefit. You agree to immediately cease linking to the website, and to remove any existing links to the website, upon notice from us. We reserve the right to withdraw our permission to link to the website or to disable any links to the website, at any time, without notice, at our sole discretion.
12.10. Waiver of Class Action. By using the Services, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against us related to any claim, dispute, or controversy arising from your use of the Services. Where applicable, you hereby agree to opt-out of any class proceeding against us otherwise commenced. The foregoing waiver will not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
12.11. Language. The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
12.12. Contact Information. Questions about the Terms of Service should be sent to us at [email protected].
Our contact information is posted below:
The Princess Margaret Cancer Foundation
[email protected]
610 University Avenue, Toronto, ON M5G 2M9
416-946-6560
Charitable Registration # 88900 7597 RR0001