BRANDDESIGNER.CA by Peter Cizmar

Last Updated: July 1, 2021

Welcome, and thank you for your interest in BRANDDESIGNER.CA (“BRANDDESIGNER.CA by Peter Cizmar”, “we,” or “us”), our website at BRANDDESIGNER.CA (the “Site”), and our related web sites, networks, applications, mobile applications, our electronic communications, including email and text messages, and other services provided by us (together with the Site, the “Service”). These Terms of Service are a legally binding contract between you and BRANDDESIGNER.CA regarding your use of the Service. 

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE BRANDDESIGNER.CA PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND BRANDDESIGNER.CA’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BRANDDESIGNER.CA AND BY YOU TO BE BOUND BY THESE TERMS. 

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17.2, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BRANDDESIGNER.CA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17).

1. CA Service Overview. The Service is an e-commerce platform that allows fans to purchase merchandise relating to our artists.
   Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.
2. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at office@BrandDesigner.ca
3. Order Processing and Fulfillment.
   • Risk of Loss. All purchases of merchandise from BRANDDESIGNER.CA are made pursuant to a shipment contract. This means that the risk of loss and title for merchandise pass to you upon our delivery to the carrier of the applicable merchandise.
   • Shipping, Returns, Refund, and Title. You are responsible for payment of all shipping charges, both for initial purchase of any merchandise, as well as shipping charges for returns.  BRANDDESIGNER.CA does not take title to returned items until the item arrives at our fulfillment center. BRANDDESIGNER.CA only accepts returns of unused items that are shipped back to BRANDDESIGNER.CA in the condition in which they were delivered, with proof of purchase, within 30 days of delivery of the merchandise to you.  If the merchandise is not returned in the condition it was sent to you, BRANDDESIGNER.CA reserves the right not to refund you for that purchase.  Clearance merchandise, gift certificates, personalized items, and items marked “Non-Returnable” or “Final Sale” (as indicated on the product page before placing your order) are not eligible for return.
   • Product Descriptions. BRANDDESIGNER.CA attempts to be as accurate as possible when describing its merchandise. However, BRANDDESIGNER.CA does not warrant that product descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. If any merchandise offered by BRANDDESIGNER.CA is not as described, your sole remedy is to return it in unused condition in accordance with BRANDDESIGNER.CA’s return policy.
   • Payment Processing. BRANDDESIGNER.CA uses Ecwid  Inc. (“ECWID”) to provide its e-commerce Services and Stripe, Inc. (“Stripe”) to process payments made via the Services. Ecwid and Stripe handle any information you provide to them in accordance with their respective privacy policies which can be found at: https://www.ecwid.com/privacy-policyand https://stripe.com/en-ca/privacy By using the Services, you consent to BRANDDESIGNER.CA providing relevant information to Ecwid and Stripe in order to provide the Services to you (as further described in BRANDDESIGNER.CA’s Privacy Policy) and acknowledge that you have read and agree to the terms of Stripe’s and Ecwid’s privacy policies. BRANDDESIGNER.CA also accepts payments via PayPal. If you elect to use one of these payments providers, your use of these services and the information you provide to them is governed by their respective terms and privacy policies. Before you make a purchase via the Site, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. You authorize BRANDDESIGNER.CA (via Ecwid, PayPal, Stripe as applicable) to charge all sums you authorize at the time of purchase, to the payment method you designate.
4. User Content
   • User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
   • Limited License Grant to BRANDDESIGNER.CA. By posting or publishing User Content, you grant BRANDDESIGNER.CA a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). BRANDDESIGNER.CA’s use of your User Content may be without any compensation paid to you.
   • Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you grant that user a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
   • User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
5. you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize BRANDDESIGNER.CA and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by BRANDDESIGNER.CA, the Service, and these Terms; and
6. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause BRANDDESIGNER.CA to violate any law or regulation.
   • User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. BRANDDESIGNER.CA may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against BRANDDESIGNER.CA with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, BRANDDESIGNER.CA does not permit copyright-infringing activities on the Service.
   • If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant BRANDDESIGNER.CA an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose without any compensation to you, including to improve the Service and create other products and services.
7. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
   • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
   • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
   • post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
   • interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
   • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
   • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
   • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Material; or
   • attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
8. Third-Party Terms.
   • Third-Party Services and Linked Websites. BRANDDESIGNER.CA may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on BRANDDESIGNER.CA with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
   • Third Party Software.The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
9. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission from us to use the Service automatically terminates. In addition, BRANDDESIGNER.CA may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at office@BrandDesigner.ca If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
10. Privacy Policy; Additional Terms
    • Privacy Policy. Please read the BRANDDESIGNER.CA Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The BRANDDESIGNER.CA Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    • Consent to Use of Data. You agree that BRANDDESIGNER.CA may collect and use technical data and related information, including, but not limited to, UDID, and other technical information about your device, system, application software, and peripherals, that is gathered to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to track and report your activity inside of the Service, including for analytics purposes. Please see the BRANDDESIGNER.CA Privacy Policy for more details regarding the information BRANDDESIGNER.CA collects, and how it uses that information.
    • Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms“), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 10 All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
11. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12. Access Rights; Ownership; Proprietary Rights. The Service is owned and operated by BRANDDESIGNER.CA. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by BRANDDESIGNER.CA are protected by intellectual property and other laws. All Materials contained in the Service are the property of BRANDDESIGNER.CA or our third-party licensors. Subject to your compliance with these terms, BRANDDESIGNER.CA hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sublicensable right to access and use the Service and the Materials solely for your internal use and in accordance with any scope limitations provided by BRANDDESIGNER.CA. The rights granted under this Section 12 do not include: (a) any resale or commercial use of the Service or the Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Materials; (d) modifying or otherwise making any derivatives of the Service and the Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Service, the Materials or any information contained therein; or (g) any use of the Service or the Materials other than for its intended purpose.  Except as expressly authorized by BRANDDESIGNER.CA, you may not make use of the Service or the Materials. BRANDDESIGNER.CA reserves all rights to the Service and the Materials not granted expressly in these Terms.
13. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify BRANDDESIGNER.CA and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “CA Entities“) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
14. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BRANDDESIGNER.CA ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE BRANDDESIGNER.CA ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. 

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BRANDDESIGNER.CA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BRANDDESIGNER.CA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BRANDDESIGNER.CA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 17.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE BRANDDESIGNER.CA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BRANDDESIGNER.CA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

1. Governing Law. These Terms are governed by the laws of the Province of British Columbia without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and BRANDDESIGNER.CA agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Vancouver British Columbia for the purpose of litigating any dispute. We operate the Service from our offices in British Columbia, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
2. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and BRANDDESIGNER.CA regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of 17.4 all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive, including Sections 2, 5.2, 5.4 5.6, and 8 through 24.
3. Dispute Resolution and Arbitration
   • Generally. In the interest of resolving disputes between you and BRANDDESIGNER.CA in the most expedient and cost-effective manner, and except as described in Section 18.2, you and BRANDDESIGNER.CA agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BRANDDESIGNER.CA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
   • Exceptions. Despite the provisions of Section 1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
   • Arbitrator. Any arbitration between you and BRANDDESIGNER.CA will be settled under the Federal Arbitration Act and administered by the Arbitrators Association of British Columbia(“AABC“) under its Consumer Arbitration Rules (collectively, “AABC Rules“) as modified by these Terms. The AABC Rules and filing forms are available online at https://www.labour-arbitrators.bc.ca/ or by contacting BRANDDESIGNER.CA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
   • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice“). BRANDDESIGNER.CA’s address for Notice is: BRANDDESIGNER.CA, PO BOX The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or BRANDDESIGNER.CA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BRANDDESIGNER.CA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, BRANDDESIGNER.CA will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by BRANDDESIGNER.CA in settlement of the dispute prior to the arbitrator’s award; or (iii) $500.
   • Fees. If you commence arbitration in accordance with these Terms, BRANDDESIGNER.CA will reimburse you for your payment of the filing fee, unless your claim is for more than $1,000, in which case the payment of any fees will be decided by the AABC Rules. Any arbitration hearing will take place at a location to be agreed upon in Vancouver, British Columbia, but if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AABC Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AABC Rules. In that case, you agree to reimburse BRANDDESIGNER.CA for all monies previously disbursed by it that are otherwise your obligation to pay under the AABC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
   • No Class Actions. YOU AND BRANDDESIGNER.CA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BRANDDESIGNER.CA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
   • Modifications. If BRANDDESIGNER.CA makes any future change to this arbitration provision (other than a change to BRANDDESIGNER.CA’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to BRANDDESIGNER.CA’s address for Notice, in which case your account with BRANDDESIGNER.CA will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
   • Enforceability. If Section 6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
4. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
5.  
6. Contact Information. The Service is offered by BRANDDESIGNER.CA, located in British Columbia. You may contact us by sending correspondence to that address or by emailing us at office@BRANDDESIGNER.CA

   Notice to California Residents.If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

7. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

International Use. The Service is intended for visitors located within Canada and the United States. We make no representation that the Service is appropriate or available for use outside of Canada and the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

By Placing An Order On https://branddesigner.ca You Agree To The Following Terms:

CRITICAL COLOR REPRODUCTION INFORMATION

https://branddesigner.ca/ utilizes a process of printing referred to as “Gang-Run Printing” which provides affordable four-color printing. “Gang-Run Printing” will group your job with other jobs allowing overall production costs and expenses to be shared with our other customers.

Because of variances in paper, equipment, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” [as determined by generally accepted trade technical methods] is to be expected with gang-run printing. When such a variation occurs, it will be considered acceptable performance. https://branddesigner.ca/ accepts no responsibility for color variations between submitted files and the final printed piece achieved from utilizing the gang-run process. Under NO circumstances will a reprint be honored for color variations that have occurred during the gang-run printing process. If you require a more precise printed product please request a custom quote. By placing an order you are agreeing to all of our terms and conditions.

1. Quotations/Estimates

Prices posted on this website are subject to change without notice. Written estimates are good for 14 days. An estimate not accepted within 14 days may be changed.

2. Payment Terms

ALL orders must be prepaid due to the speed of our turnaround. In the event the details of an order/job have been modified and an unpaid balance is created, the card used to place the original order will be charged. Charges typically will occur within 24-48 hours of the modification, but can take up to 45 days depending on our current workload as these charges must first be individually verified by a human.

3. Late Payments

All payments that are not received within 30 days from when the order was placed or by agreed upon date will be assessed a 20% late payment charge.

4. Orders

https://branddesigner.ca/ reserves the right to upgrade the coating or quantity, at no additional charge, for any product ordered (excluding mailer pieces or unless otherwise stated in the details/special instructions). https://branddesigner.ca/ also reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. https://branddesigner.ca/ is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matters submitted to https://branddesigner.ca/ for printing and/or publication.

5. Order Approval/Proofing

https://branddesigner.ca/ has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a https://branddesigner.ca/ customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that https://branddesigner.ca/ will review any other order you place. Orders are printed in their “as submitted” form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. https://branddesigner.ca/ DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. https://branddesigner.ca/ will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.

https://branddesigner.ca/ does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).

If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.

6. Flyer Tagging

https://branddesigner.ca/ reserves the right to place a tag similar to “Printed by https://branddesigner.ca/” on the printed material unless customer states that they would prefer it not to appear when initially placing order. There may be a fee added if you elect not to have a tag placed on your flyer. Under no circumstances will https://branddesigner.ca/ tag business cards or reseller accounts.

7. Current Specials

In order to receive the discounts associated with https://branddesigner.ca/’s “Current Specials”, you must input the appropriate/relevant promotion code when placing your order. If you do not input the appropriate/relevant promotion code, you WILL NOT receive a discount and discounts will not be applied retroactively after the order has been placed. If participating in company specials or receiving discounts, you agree to be a member of our mailing list; if you are not already and you also agree to authorize https://branddesigner.ca/ to tag your printed flyer (see section 4) unless you are a reseller or otherwise agreed upon.

Specials are only available to eligible customers and specials can be updated at any time.

8. Cancellations

Cancelled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, you may only cancel a job the same business day you place your order. The cancellation must occur before the cutoff time that applies to your order and the related product(s) that were ordered. A minimum charge of $35 + 3% of total job cost (includes shipping) is applied to jobs canceled. No refunds will be issued for orders cancelled after the business day order was placed. In those instances we will issue store credit.

9. General Refund Policy

Under no circumstances will https://branddesigner.ca/ issue a refund. We only issue store credit.

10. Credit Card Forced Refund/Chargeback Policy

All credit card issues and/or disputes on products or services purchased by your credit card authorization from https://branddesigner.ca/ shall be dealt with between the customer and https://branddesigner.ca/. By agreeing to these terms and conditions the customer agrees to never chargeback a purchase for any reason.

11. Store Credit

Under no circumstances will store credit be exchanged for cash. Store credit may not be combined with any current specials or other promotion.

12. Accuracy of Specifications

Quotations are based on the accuracy of the specifications provided. https://branddesigner.ca/ can re-quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with https://branddesigner.ca/ are to the client’s knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.

13. Liability

https://branddesigner.ca/’s liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. https://branddesigner.ca/ warrants that every product manufactured meets the industry standard for that such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. https://branddesigner.ca/ makes no other warranty and no actions or words of https://branddesigner.ca/ or its officers, employees or agents shall constitute a warranty.

14. Governing Law and Arbitration

Any dispute between any of the parties hereto or any claim by a party against another party arising out of or relating to this Agreement or any alleged breach thereof, shall be determined by arbitration in accordance with the commercial arbitration rules then in force with the American Arbitration Association. The arbitration shall be conducted in Vancouver, BC and shall be subject to the substantive law of the State of BC. The decision rendered by the arbitrator shall be accompanied by a written opinion in support thereof and shall be final, conclusive and binding upon the parties in the dispute without right of appeal. Judgment upon any such decision may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision of an order of enforcement, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the parties against whom enforcement is ordered. The fees and expenses of such arbitration shall be borne by the non-prevailing party, as determined by such arbitration.

15. Indemnification

The customer represents that it has the legal right to produce all printed materials ordered from https://branddesigner.ca/. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against https://branddesigner.ca/ based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by https://branddesigner.ca/ ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold https://branddesigner.ca/ harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending https://branddesigner.ca/ against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing https://branddesigner.ca/ for any legal fees and expenses it reasonably incurs in responding.

16. Electronic Manuscripts/Images

It is the client’s responsibility to maintain a copy of the original computer files, artwork and transparencies. https://branddesigner.ca/ is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until https://branddesigner.ca/ can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. https://branddesigner.ca/ does not archive your work for longer than it takes to produce the final product. Please save your work!

17. Alterations/Corrections

Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current design rate.

18. Prepress/ Hardcopy Proofs

When ordered by the customer, https://branddesigner.ca/ will submit color proofs for the customer’s review and approval. Shipping charges may be assessed when sending a proof via mail, courier or any means other then pickup. To request a proof you must order it through the website shopping cart system when placing your print order. Proofs must be returned to https://branddesigner.ca/ marked “O.K.” or “Revised Proof Required” and signed by the customer. Until the proof is returned, no additional work will be performed. https://branddesigner.ca/ will not be responsible for undetected production errors if:

• Proofs are waived by the client;
• The work is printed per the client’s written OK;
• Requests for changes are communicated verbally.

All requests for changes of any kind must be made in writing to avoid mistakes.

19. Color Proofing

Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.

20. Overruns/Underruns

The generally accepted trade practice is plus or minus 10%.

21. Delivery/3rd Party Shipping/Pickup

Charges for delivery of materials and supplies from the client or the client’s supplier to https://branddesigner.ca/ are not included in quotations unless specified. https://branddesigner.ca/ is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first. If the “pickup” option is selected when the order is originally placed you will have 15 calendar days to retrieve materials. If more than 15 calendar days elapses the order is considered abandoned and https://branddesigner.ca/ has the right to discard materials, unless otherwise agreed upon in writing. Orders that have delivery or shipping selected will be shipped immediately upon completion. Shipping carriers visit our plant mon-fri (4pm-6pm) and pickup completed orders, exceptions are holidays or if the office is closed due to inclement weather. If your order is not ready by the time the shipping carrier visits our plant, your order will be picked up the following business day. Airline cargo is handled differently, as we take those orders directly to the airport. If you will be picking up your order on a Saturday, please be aware Saturday pickup is a courtesy service and is by appointment only. If Saturday pickup is available you will be contacted prior to Saturday and be given an exact time that someone will be available; please be aware Saturday pickup is a courtesy service and is by appointment only.

22. Claims

Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, https://branddesigner.ca/ and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that https://branddesigner.ca/’s performance has fully satisfied all terms, conditions and specifications. Any disputes on products or services purchased by your credit card authorization from https://branddesigner.ca/ shall be dealt with between the customer and https://branddesigner.ca/.

23. Right to Subcontract

https://branddesigner.ca/ shall have the right to assign any portion of the work required to another vendor.

24. Workmanship Guarantee

We guarantee all orders to be within “gang run” specs and to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the job or issue the customer a credit at our discretion.

*Important information:

1. Print turnaround is based from when production begins.
2. When placing an order we will print the corresponding size that is selected unless otherwise stated in the details/special instructions. (if you can not find your desired size, please pick the next size up i.e. if you want a 4×4 flyer you would select “CD Insert (4.75 x 4.75)” and note in the special instructions that you want a 4×4.
3. The final piece MAY be up to an 1/8th inch smaller or larger than actual order size unless exact size is selected.
4. The final piece MAY slide up, down, left, or right 1/16th inch to 1/8th inch in either direction. So we strongly recommend that you DO NOT use borders in your artwork.
5. The final piece MAY be cut slightly uneven, 0 to 10 degree shifts are considered acceptable.
6. When reordering, colors MAY be slightly different then original order. (unless a proof is purchased and color matching is purchased for an additional fee).
7. If files are submitted and do not meet our bleed specifications, https://branddesigner.ca/ reserves the right to add a border to the artwork.
8. If files are submitted in RGB mode, you are authorizing https://branddesigner.ca/ to convert the file(s) to CMYK mode. (converting files from RGB to CMYK may cause color shifting as well as other undesirable results).
9. If we only receive one file for a job we will assume that file is to be used for side 1 and side two is blank, unless otherwise stated.
10. We will NOT accept files that are emailed. All orders MUST be placed through the website.

25. Reprints

If for any reason we must reprint a job, we MUST use the original files uploaded. Under no circumstances will we accept new files for the reprint.

26. Turnaround Estimate

Purchasing non-standard upgraded turnaround should NOT be construed as a guarantee and does not apply to any additional production. Additional production includes, but is not limited to folding, scoring, perforating, die-cutting and drilling.

Print turnaround times are only estimates and not guaranteed. We generally strive to fulfill our orders in a timely fashion but sometimes non planned forces like equipment failure/power outages, 3rd party shipping errors and “acts of god” can happen and alter the production time.

27. Privacy Statement

Please click here to view our privacy and security policy

28. Samples

https://branddesigner.ca/ may use your product for samples or advertising purposes.

29. Billing

Our name will appear as “PETER CIZMAR or https://branddesigner.ca/ or https://branddesigner.ca/” BRAND DESIGN on your credit card statement.

30. Billing Penalties

There will be a charge for all returned checks

31. Inkjet Proofs

Inkjet and laser prints are known to look substantially different than offset printing. We offer quick turnaround and low prices by printing to a “pleasing color” standard, using standard ink densities. There is no guarantee that your finished piece will match your printed proof. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs.

32. Changes to our Terms & Conditions Policy

https://branddesigner.ca/ may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we state otherwise.