Terms & Conditions
ACCEPTANCE OF TERMS
Smartex Products (Canada) Ltd. ("Smartex Canada") provides its website and related services (“Site”) to you subject to the following User Agreement (“Agreement”), which may be updated from time to time without prior notice to you. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you have any questions about the Agreement, you may contact us at [email protected].
By continuing to use the Site, you are indicating your agreement to be bound by the terms of this agreement and all revisions thereof.
USER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. With this, you shall agree to:
- Immediately notify Smartex Canada of any unauthorized use of your password or account or any other breach of security.
- Ensure that you exit from your account at the end of each session. Smartex Canada cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
In using the Site, you agree to not:
- Upload, download, pose, email, or otherwise transmit materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive or another’s rights including but not limited to rights of celebrity, privacy, and intellectual property.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliate with a person or entity.
- Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
- Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state/provincial, national, or international law.
- Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
- Upload, download, post, email or otherwise transmit any material that contains software viruses 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.
- Upload, download, post, email or otherwise transmit false or misleading information.
- Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Disrupt or otherwise interfere with any other user’s enjoyment of the Site or affiliated or linked websites.
- Frame or link to the Site except as permitted in writing by Smartex Canada.
You acknowledge that Smartex Canada does not pre-screen submitted Content, but that Smartex Canada and its designees shall have the right (but not obligation) in their sole discretion to reject or remove any Content that is available via the Site.
Upon placing your order, you acknowledge that Smartex Canada may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this User Agreement. Without limiting the foregoing, Smartex Canada shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Smartex Canada. You acknowledge and agree that you are solely responsible for the creation of your Content, and that neither Smartex Canada nor any other party involved with the production of any product incorporating such Content is liable for any damages arising from the use of such Content. Smartex Canada and its production of any product depicting your Content does not infer that Smartex Canada approves of such Content, and that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising rom the use of the Content.
You acknowledge and agree that Smartex Canada. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal processes.
- Enforce the Agreement.
- Respond to claims that any Content violates the rights of third-parties.
- Protect the rights, property, or personal safety of Smartex Canada, its users, and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve:
- Transmissions over various networks.
- Changes to conform and adapt to technical requirements of connection networks or devices.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account. Smartex Canada takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by, or to you, or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter.
Smartex Canada reserves the right but not the obligation to remove any materials it deems objectionable. You hereby agree to waive any claims against Smartex Canada and its affiliates, contractors, agents, and employees for losses, damages, and injuries which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than Smartex Canada or its affiliates.
You hereby agree to indemnify Smartex Canada and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this User Agreement.
No royalty will be owed or paid on the sale of any items containing an image which is in violation of any of the provisions of this User Agreement, including but not limited to no royalty on any images that contain objectionable content or are posed in violation of the intellectual property, privacy or celebrity rights of any person or entity.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable Canadian federal, provincial and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Smartex Canada, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content. However, by submitting Content to Smartex Canada, you grant Smartex Canada a non-exclusive, worldwide, transferable license to copy, crop, reproduce, publicly display, and distribute your Content. If your Content is uploaded as a design for products available on this Site, you grant the additional rights set forth in the Non-Exclusive License Agreement.
You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Smartex Canada (excluding the Content) will automatically be deemed to be assigned, granted and transferred by you to Smartex Canada upon their submission or communication to Smartex Canada, and you agree that the same will automatically become the property of Smartex Canada and that Smartex Canada will be entitled to use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Smartex Canada may elect, forever.
COPYRIGHT AND TRADEMARK POLICY
Smartex Canada respects the intellectual property rights of others. We ask our users to do the same. Smartex Canada may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify the Copyright Agent of Smartex Canada via [email protected], and provide the following information (“Notice”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest.
- A description of the copyrighted work and/or trademark claimed to have been infringed.
- A description of where the claimed infringing Content is located on our Site.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Orders that cannot be printed due to copyright infringement or failure to adhere to our conditions will not be refunded. A full credit will be made towards another order.
The Copyright Agent of Smartex Canada can be reached at [email protected].
WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
You represent and warrant that you are the owner of the Content which you submit and that the Content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content.
You agree to defend, indemnify and hold Smartex Canada and the officers, directors, employees, agents, and licensors of Smartex Canada harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on:
- Content you submit, post to, or transmit through the Site.
- Your use of the Site.
- Your connection to the Site.
- Your violation of the Agreement.
- Your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site access to the Site without express written consent from Smartex Canada.
You agree that Smartex Canada, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Smartex Canada may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.
You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Smartex Canada may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site.
Further, you agree that Smartex Canada shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
The Site may provide, or third parties may provide, links to other website or resources. Because Smartex Canada has no control of such sites and resources, you acknowledge and agree that Smartex Canada is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Smartex Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
You acknowledge and agree that you will not use any product ordered from the Site, including without limitation any stamp, in a way that would be damaging to the public reputation of Smartex Canada or that of its employees, board members, shareholders, licensors, or solution partners.
Additionally, you acknowledge that if you choose to display any product ordered from Smartex Canada, including without limitation any stamp, in a public setting, including on the Internet, in a way which disparages Smartex Canada, board members of Smartex Canada, employees, shareholders or partners, or the United Parcel Service (UPS), Smartex Products (Canada) Ltd. reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law, and Smartex Canada’s sole and exclusive obligation and your sole and exclusive remedy shall be a full refund of all fees paid by you.
Prices for products on the Site are described and are incorporated into this Agreement by reference. Prices and products may change at the discretion of Smartex Canada.
Please be aware that we may cancel an order that is more expensive to produce than what the client paid.
AGE AND GEOGRAPHIC RESTRICTIONS
You must be at least 13 years of age to use the Site. Please contact us via [email protected] if you have any concerns or questions about this restriction.
Title and risk of loss for all products ordered by you shall pass to you on Smartex Canada’s shipment to the shipping carrier. Please refer to the Shipping Page for more information.
Smartex Canada does its best to ensure your delivery arrives on time. The average lead time for orders submitted to Smartex Canada is 2 – 3 weeks. However, delivery dates are not guaranteed and your order may arrive after the estimated arrival date for various reasons, including unforeseen delays such as:
- Order contains items which take longer to process (3 prints or more per shirt).
- Delivery is a P.O. Box or APO/FPO address.
- Delivery is outside of Canada.
- Delays for USA and International orders due to customs clearance.
- Delays due to problems with credit card authorization and verification.
- Problems with uploaded designs that do not meet our recommended requirements encountered during processing of your order
- Unforeseen weather conditions that may inhibit and/or restrict the shipping carrier from transporting the products.
Items will be shipped only once the full payment has been received.
Once your order has been placed, our goal is to get it processed as fast as possible. If you need to cancel your purchase, please give us a call or send us an email within 24 hours of your order placement date and we will see what we can do. In the event of a cancellation, your money will be credited as a Smartex Canada coupon less any expenses such as setup costs, artwork production, and other administrative costs that have already been incurred up to and at the time of the cancellation notice.
Upon receiving a refund request, the Smartex Canada team will always do its best to resolve the problem at hand. Any refunds will be issued in the form of a coupon.
Our customer service team does its best to contact clients whose orders are incomplete. We print what you send, exactly as you send it. Please note that Smartex Canada does not satisfy refunds for orders submitted with low quality image(s) and shipping information errors. Smartex Canada will be happy to help by offering an alternative solution.
Orders that cannot be printed due to copyright infringement or failure to adhere to our conditions will NOT be refunded. A coupon will be provided towards another order.
Credits are always given as coupon codes. Only one coupon code or promotion can be applied on any Smartex Canada order. Gift vouchers purchased online through the Site do not count as coupons. PLEASE REFRAIN FROM USING COUPONS AND GIFT VOUCHERS ON THE SAME ORDER AS ONE-TIME COUPONS THAT ARE USED CANNOT BE REFUNDED.
If your order is back-ordered, we cannot refund you. Instead, you will be able to place another order.
Every product ordered at Smartex Canada is created based on each person’s unique request. Because they are custom made, by you and for you, returned goods cannot be resold.
All Smartex Canada products are thoroughly tested to ensure superior quality. If an unexpected error does occur, please notify the Smartex Canada team within 7 days of receipt of your product and necessary steps will be taken to evaluate the problem.
Our company policy and promise to customers: If we make a mistake, we will send you a replacement free or charge or provide you with a credit to your order. If you make a mistake, we will see what we can do to help you satisfy your purchase.
DISCLAIMER OF WARRANTIES
You understand and agree that your use of the Site is at your sole risk. This Site and the information, services, products, and materials available through it are provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Smartex Canada and its affiliate expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Smartex Canada does not make any warranty that:
- The Site or its Content will meet your requirements;
- The Site or service will be uninterrupted, timely, secure, or error free or;
- The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or;
- Defects, if any, will be corrected.
You agree that Smartex Canada shall have no responsibility for any damages suffered by you in connection with the Site or any Content contained therein including but not limited to loss of data from delays, non-deliveries of content or email, errors, system down time, inaccurate deliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Smartex Canada, its affiliates, its licensors, or a user’s own errors and/or omissions.
You expressly agree that use of this service, including all content, data or Software distributed by, downloaded or accessed from or through the Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such Content, data and/or Software.
You acknowledge that Smartex Canada does not control in any respect any information, products, or services offered by third parties on or through this service. Except as otherwise agreed in writing, Smartex Canada and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of Content or products distributed or made available by third parties through this Site.
You acknowledge that Smartex Canada makes no warranty or representation that confidentiality of information transmitted through this Site will be maintained.
No advice or information, whether oral or written, obtained by you from Smartex Canada or through or from the Site shall create any warranty not expressly stated in the Agreement.
LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances including, without limitation, its own negligence, shall Smartex Canada or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Smartex Products (Canada) Ltd. or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data or other intangible losses (even in Smartex Canada has been advised of the possibility of such damages), resulting from:
- The use or inability to use the Site;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Site, or;
- Any other matter relating to the Site.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
These terms and conditions shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Windsor, Ontario in accordance with the Commercial Arbitration Rules of Ontario then in effect.
The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney’s fees and costs to the prevailing party. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Smartex Canada may assign its rights and responsibilities hereunder without notice to you.
The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute as a waiver of the right or provision. Smartex Canada’s failure to act with respect to a breach by you or others does not waive Smartex Canada's right to act with respect to subsequent or similar breaches.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND SMARTEX CANADA, AND SUPERCEDES ALL OTHER COMMUNICATIONS, WRITTEN OR ORAL, WITH REGARD TO THE SERVICES PROVIDED BY SMARTEX CANADA.