Terms & Conditions

  • ShopPal Inc. Terms and Conditions

  • SHOPPAL INC. TERMS AND CONDITIONS

    MODIFICATION OF SITE TERMS

    ShopPal Inc. reserves the right to modify these Site Terms at our sole discretion


    RETURN AND REFUND POLICY

    We accept returns. You can return unopened items in the original packaging within 30 days of your purchase with receipt or proof of purchase. If 30 days or more have passed since your purchase, we cannot offer you a refund or an exchange. Upon receipt of the returned item, we will fully examine it and notify you via email, within a reasonable period of time, whether you are entitled to a return. If you are entitled to a return, we will refund your purchase price and a credit will automatically be applied to your original method of payment. Only regular priced items may be refunded. Sale items are non-refundable.

    To follow-up on the status of your return, please contact us at 1.844.278.6446.

    EXCHANGES

    We only exchange goods if they are defective or damaged. In circumstances where you consider that a product is defective, you should promptly contact us at 1.844.278.6446 with details of the product and the defect. Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a replacement as a result of the defect. If you are eligible, we will send you a replacement product.

    EXCEPTIONS

    Products, if they exist on our shopping cart, that are non-refundable and non-exchangeable will be clearly identified within the cart. These exceptions will be clearly noted in the product description and on your invoice after purchase.

    SHIPPING

    To return the item you purchased, please contact us at 1.844.278.6446 to receive the correct mailing location address. Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to hardware during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping.


    CHANGES, MISPRINTS AND ERROR

    Subject to applicable law, you:

    (a) Reserve the right to change the goods and services advertised or offered for sale through the Site.

    (b) ShopPal Inc. cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter;

    (c) ShopPal Inc. reserves the right to limit quantities sold or made available for sale;

    (d) ShopPal Inc. does not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free;

    (e) ShopPal Inc. reserves the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate.

    PASSWORDS AND SECURITY

    If you use a password to access the Sites or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password.

    INTELLECTUAL PROPERTY

    Ownership

    All Site Materials are owned by us

    Trademarks

    Registered and unregistered trademarks are owned by ShopPal Inc.

    Restrictions on Use

    Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission.

    SOFTWARE

    Any software, including any files, code, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Sites is licensed to you for use on a non-exclusive and limited basis.

    HYPERLINKS

    Links to the Site

    You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Sites, provided such link does not portray you or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner.

    Third Party Links

    You make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Sites, or third-party web sites linking to the Sites.

    USE OF THE SITE

    Your Information

    If you register on the Sites or otherwise provide information to us via the Sites or through other electronic or non-electronic forms of communication, you agree that any such information will be current, accurate and complete.

    Additional Submissions

    One agrees that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions, or postings on the Sites (“Submissions”) are non-confidential and that you remain solely responsible and liable for your Submissions.

    Restrictions for Submissions

    By using the Sites, you agree not to do any of the following:

    Upload to, distribute or otherwise publish through the Sites any message, information, text, file, hyperlink, or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, false or misleading, abusive, inflammatory or otherwise objectionable;
    Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of any provincial securities commission or other securities commission 
    Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual, industrial or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to communicate, make available, display, distribute and reproduce such Content;
    Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
    Upload to, distribute or otherwise publish through the Sites any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of applicable law for sending commercial electronic messages) or offering or disseminating fraudulent goods, services, schemes or promotions; and
    Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, spyware, malware, malicious code or scripts, or any other items that may damage, interfere with, provide unauthorized access to, surreptitiously intercept, or expropriate any system, program, data or personal information.
    Policies and Enforcement

    All access to and use of the Sites is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on the Sites. Subject to our Privacy Policy, we may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate.

    Responsibility for Your Conduct

    You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of the Sites.

    CHILDREN

    This website is designed for and intended for use by adults.

    DISCLAIMER

    THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER CANADIAN LAW. THE SITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    LIMITATION OF LIABILITY

    IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITES.

    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHOPPAL INC. (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITES EXCEED $100.00DCN OR THE COMPENSATION YOU PAID SHOPPAL INC., WHICHEVER IS LESS.

    APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS

    TERMINATION

    Notwithstanding any of these terms and conditions, we reserves the right, without notice and in its sole discretion, to terminate your licence to use the Sites, and to block or prevent future access to and use of the Sites if you violate any of these Site Terms. Upon termination, these Site Terms shall still apply.

    CONSENT TO EMAIL COMMUNICATION

    When you visit the Sites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Sites.

    LEGAL EQUIVALENCY

    SEVERABILITY

    If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

    WAIVERS

    No waiver, express or implied, by ShopPal Inc. of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

    LANGUAGE

    The parties hereto acknowledge having expressly required that the Site Terms and all related policies and terms are to be drawn up in the English language.

    PRIVACY POLICY

    Your information will be kept strictly private and not used or sold for any reason other than to fulfill your orders and process the information for the organizations that utilize this site for fundraising.

    Your use of the Site constitutes your acceptance of this Privacy Policy and your consent to the practices it describes herein.

    SECURITY AND CONFIDENTIALITY

    The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect your information from unauthorized access and improper use.

    To ensure that your credit card information is even more secure, we use secure sockets layer (SSL) software (which encrypts the information you input) when you give us your credit card information.

    If you have any questions about security on the Site, you can send an email to us at customerservice@shoppal.ca