Every offer of a product and/or service on this Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if we have not specifically rejected them.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our option, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
Standard for Electronic Transactions
We are governed by, and are obligated to comply with, and fully support the spirit of CASL – Canada’s Anti Spam Legislation for Electronic Transactions.
This legislation generally prohibits companies from:
- sending commercial electronic messages, to an electronic address, without your consent (permission). This includes emails, social networking accounts and text messages – exeptions for existing business or customer relationships apply;
- alteration of transmission data in an electronic message, in the course of a commercial activity, which results in the message being delivered to a different destination without your express consent;
- installing computer programs, in the course of a commercial activity, without the express consent of the owner or user (e.g., an authorized employee) of the computer system;
- promoting products or services online using false or misleading representations;
- collecting personal information by accessing a computer system or electronic device illegally (i.e., in violation of federal law, such as the Criminal Code of Canada); and
- collecting or using electronic addresses using computer programs without your permission (this is known as ‘address harvesting’).
There are three government agencies responsible for enforcement of the law. The law allows:
- The Canadian Radio-television and Telecommunications Commission (CRTC) to issue administrative monetary penalties for violations of the anti-spam law.
- The Competition Bureau to seek administrative monetary penalties or criminal sanctions under the Competition Act.
- The Office of the Privacy Commissioner to exercise powers under the Personal Information Protection and Electronic Documents Act.
As of June 7, 2017, the sections that deal with the private right of action have been suspended.
Copyrighted Materials for Limited Use
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Us (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Us does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Us.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Us to produce the Products on your behalf. You grant Us the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Us to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
Transfer of Title
The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Our Satisfaction Guarantee is good for 30 days following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Our control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.
Please preview your designs carefully and correct any mistakes PRIOR to placing your order or APPROVING YOUR PROOF. WE DO NOT PROOF documents created by its customers prior to processing.
Limitation of Liability
IN NO EVENT SHALL EXTRA MILE COLOR PRINT MARKETING INC. OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM US OR OUR AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL WE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Us in connection with the operation or content of this Site shall be provided by the submitter and received by Us on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Extra Mile Color Print Marketing Inc.. By submitting any such information to Us, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that We shall be free to use such information on an unrestricted basis.
The party you are contracting with and the seller of the products and services offered and sold on this Site is Extra Mile Color Print Marketing Inc., a limited company organized under the laws of Canada with its headquarters in Walkerton, Ontario, Canada. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America or Canada, as appropriate. All other matters relating to your access to or use of this Site shall be governed by the laws of Canada. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Walkerton, Ontario, Canada. You agree to submit to the jurisdiction of courts sitting in Walkerton, Ontario, Canada and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Extra Mile Color Print Marketing Inc. that a court sitting in Walkerton, Ontario, Canada is an inconvenient forum for such legal action or proceeding.