Last Modified: June 12, 2017
In consideration for permitting your access to our website and online services and other good and valuable consideration, including the purchase of any goods from us, you agree as follows:
Clik-Clik Systems Inc. ("we", "us" or "our") is a Canadian federally incorporated company. These terms and conditions (the "Terms") form a legally binding agreement which govern your access to, use of and orders placed on our website ("Website") and online store (the "Service" or “Online Store”). Our Website and Online Store are hosted at http://store.clik-clik.com/, http://clik-clik.com and other domains and sub-domains.
THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. YOU MUST REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE HEREIN, BEFORE USING THE WEBSITE AND SERVICE.
BY USING OUR WEBSITE AND SERVICE, YOU, THE USER (HEREIN "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT:
YOU ARE OF THE AGE OF MAJORITY; AND
YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS PLEASE STOP USING THE WEBSITE AND ONLINE STORE.
IF YOU ARE USING THE WEBSITE AND/OR ONLINE STORE ON BEHALF OF, OR IN THE EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY.
FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN AGREEMENT WITH CLIK-CLIK SYSTEMS INC.
AS OUR WEBSITE, PRODUCTS AND ONLINE STORE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS BY UPDATING THIS PAGE. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR ONLINE STORE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND ONLINE STORE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU MUST STOP ACCESSING THE WEBSITE AND ONLINE STORE AND TERMINATE YOUR ACCOUNT.
About Our Website and Service
We own and operate the Website and Online Store to facilitate the sale of our products. We offer a range of products to facilitate, among other things, hanging signage manufactured by us and third parties.
To place an order on our Online Store, you may register for an account or checkout as a guest. You are required to provide your full legal name, company or business name, address and shipping address (if different), a valid email address and any other information reasonably requested by the Website and Online Store.
If you elect to create a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the account and Online Store in accordance with these Terms, but reserve the right to revoke the license and access to your account without cause or justification. Access to your account is not transferrable and is only intended for the individual or entity that established the account.
Upon setting up an account you will be required to create a password. You are responsible for safeguarding the password you use to access the Website and Online Store and you agree not to disclose your password to any third party. You agree you are responsible for any activity on your account, whether you authorized that activity or not.
You agree to immediately notify us of any unauthorized use of your account.
You understand that the technical processing and transmission of the Website and Online Store, including your content and personal information, may be transferred unencrypted, hacked or stolen by third parties and involve transmissions over various networks, cloud systems and devices.
To enhance the efficiency and cost-effectiveness of our business, we use a variety of technology, including email applications, mobile devices, computers and third party cloud based platforms, to store documents, information (including your personal information) communicate with you and operate the Website and Online Store.
Where personal information is stored by third party cloud-based providers the servers are not always located within Canada. This may make your data and personal information the subject of foreign laws and foreign legal proceedings. You consent to our and our contractors’ use of these electronic services and technologies to store your personal information and other data and to communicate with you and others and carry out other necessary tasks related to the Website and Online Store.
You agree that, unless arising as a result of our gross negligence, and to the extent permitted by law, we shall not be liable to you and are not responsible for any security breaches or theft of your personal information that may occur as a result of the use of electronic communications, cloud-based storage platforms or any other technology.
Additional terms, and disclaimers, including but not limited to terms and disclaimers on prices, tax, duties, delivery and payment may be specified on the Website and/or the Online Store. Those terms, as amended from time to time, are hereby incorporated by reference and form part of this agreement.
Prices are an Invitation to Make an Offer
Orders from our Online Store are subject to availability.
Prices listed on the Website and Online Store are also subject to change without notice. Such prices shall be deemed to be an invitation to make an offer and are subject to acceptance by us. Even in the event of an automated acceptance or confirmation of your order, you agree that we shall have the opportunity to review and accept such orders prior to delivery. You may only treat confirmation of shipment as our acceptance of your order.
If any information or terms posted to the Website or Online Store concerning price, delivery, tax, duties, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms or terminate your order, including accepted orders.
Misprints, errors, omissions (including incorrect product specifications) may sometimes occur. As a result, we reserve the right to:
- Remove any product from the Website or Online Store;
- Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
- Change, at any time, the prices, fees, taxes, duties, charges and specifications, any promotional offers and any other content without any notice or liability to you or any other person; and
- Reject, correct, cancel or terminate any order, including accepted orders for any reason.
Taxes & Duties
UNLESS EXPRESSLY STATED OTHERWISE ON THE ONLINE STORE, YOU AGREE TO PAY ALL SALES TAXES, IMPORT AND EXPORT DUTIES AND RELATED FEES OR CHARGES (INCLUDING GOVERNMENTAL CHARGES) WHETHER CANADIAN OR FOREIGN, APPLICABLE TO THESE TERMS OR ARISING FROM PRODUCTS YOU PURCHASE ON THE ONLINE STORE.
Proprietary Rights Notices
Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and third parties. You are not permitted to copy or distribute any content (including but not limited to text, images, videos and audio) on the Website or Service without express consent of the owner. All other contents of the Website and Service, including but not limited to the computer code, is the property of Clik-Clik Systems Inc. and/or our independent providers of content ("ICPs") with all rights reserved.
The Website, Online Store and products listed thereon are protected by copyright, trademark, patent and other laws of Canada, the United States and foreign countries. Unless otherwise expressly permitted by us in writing, you agree that you will not (i) sell or distribute our products to third parties for commercial purposes, or (ii) reproduce or copy our products.
In some cases, we allow users to post content to our Website and Online Store. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify us at firstname.lastname@example.org. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer’s account and remove their content.
Whether affiliated with sites that may be linked to our site, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on our Website or Online Store are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on such linked websites. You access those links and corresponding sites at your own risk.
DISCLAIMERS & ACCEPTANCE OF RISK
ASIDE FROM ANY WARRANTY EXPRESSLY PROVIDED ON THE ONLINE STORE, EVERYTHING ON OUR WEBSITE AND ONLINE STORE, INCLUDING BUT NOT LIMITED TO THE PRODUCTS WE SELL, ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU MUST ONLY USE OUR PRODUCTS IN ACCORDANCE WITH THEIR SPECIFICATIONS AND IN ACCORDANCE WITH APPLICABLE INSTRUCTIONS AND SAFTY NOTES. SPECIFICATIONS, INSTRUCTIONS AND SAFTY NOTES ARE PROVIDED ON OUR WEBSITE, ONLINE STORE AND INSOME CASES ON THE PRODUCTS THEMSELVES.
IF YOU HAVE ANY QUESTIONS OR ARE UNSURE ABOUT THE PRODUCT SPECIFICATIONS, INSTRUCTIONS AND SAFE USE OF OUR PRODUCTS, CONTACT US DIRECTLY.
IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS WHICH FACILIATE THE HANGING OF SIGNAGE AND/OR THE USE OF MAGENTS ARE NOT OVERWEIGHTED. YOU MUST ONLY HANG SIGNAGE AND USE OUR PRODUCTS IN A SAFE LOCATION.
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED WEBSITE AND ONLINE STORE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION ON LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DAMAGES OUR PRODUCTS, WEBSITE OR ONLINE STORE MAY CAUSE YOU, OR PEOPLE YOU ARE RESONSIBLE FOR AT LAW, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, ONLINE STORE, OUR PRODUCTS, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, THEN YOUR REMEDIES ARE TO RETURN THE PRODUCT(S), SUBJECT TO OUR RETURN POLICY, AND DISCONTINUE ACCESSING AND USING THE WEBSITE, ONLINE STORE AND OUR PRODUCTS.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE, ONLINE STORE, PRODUCTS, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU TO US (IF ANY) OVER THE PRECEEDING THREE (3) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND ONLINE STORE, AND IF YOU ARE A PAYING CUSTOMER, THE FEES PAID BY YOU, REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE, ONLINE STORE OR OUR PRODUCTS, WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL FEES) WHICH MAY ARISE FROM (I) YOUR VIOLATION OF THESE TERMS; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT; OR (III) ANY CLAIMS REALTED, IN ANYWAY, TO YOUR (OR PEOPLE YOU ARE RESPONSIBLE FOR AT LAW) USE, MISUSE (INCLUDING THE NEGLIGENT USE OR MISUSE) OF OUR PRODUCTS.
Law of the Contract & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and all Canadian federal laws applicable therein, without giving effect to any principles of conflicts of law. You agree that any action, application or dispute at law or in equity arising out of or relating to the Terms or any document incorporated by reference, will be filed only in the provincial or federal courts or tribunals located in Ontario, Canada and you hereby consent, submit and attorn to the jurisdiction of such courts and tribunals for the purposes of litigating or resolving any such disputes.
If any provision in these Terms is found to 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.
Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of Clik-Clik Systems Inc.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you agree to hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.
To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation By Reference
Though we would much rather you stay, you can stop using our Online Store and your corresponding account at any time. We reserve the right to suspend your account or access to our Website or Service at any time, with or without cause, and with or without notice.
The suspension or termination of your access to our Website or Online Store shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the course of using your account or ordering products from us, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third party service providers, including for example, payment processors, credit card companies and banks. You agree that nothing in those agreements shall in anyway alter these Terms or your obligations hereunder.
Any new features that augment or enhance the current Website or Online Store, including the release of new versions, shall be subject to these Terms. Continued use of the
Website and Online Store after any such changes shall constitute your consent to such changes.