Terms and Conditions
Terms of Service ("Terms")
Last updated: December 28, 2015
Please read these Terms of Service ("Terms",
"Terms of Service") carefully before using the DigitMakers.ca website
(the "Service") operated by Clarica Group Incorporated
("us", "we", or "our").
Your access to and use of the Service is conditioned
upon your acceptance of and compliance with these Terms. These Terms apply to
all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.
Purchases.
If you wish to purchase any product or service made
available through the Service ("Purchase"), you may be asked to
supply certain information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your credit card,
your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal
right to use any credit card(s) or other payment method(s) in connection with
any Purchase; and that (ii) the information you supply to us is true, correct
and complete.
The service may employ the use of third party services
for the purpose of facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the information
to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at
any time for reasons including but not limited to: product or service
availability, errors in the description or price of the product or service,
error in your order or other reasons.
We reserve the right to refuse or cancel your order if
fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service
offerings on the Service. We may experience delays in updating information on
the Service and in our advertising on other web sites. The information found on
the Service may contain errors or inaccuracies and may not be complete or
current. Products or services may be mispriced, described inaccurately, or
unavailable on the Service and we cannot guarantee the accuracy or completeness
of any information found on the Service.
We therefore reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
Accounts
When you create an account with us, you guarantee that
you are above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on
the Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited to the
restriction of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
Links to Other Web Sites
Our Service may contain links to third party web sites
or services that are not owned or controlled by Clarica Group Incorporated.
Clarica Group Incorporated has no control over, and
assumes no responsibility for the content, privacy policies, or practices of
any third party web sites or services. We do not warrant the offerings of any
of these entities/individuals or their websites.
You acknowledge and agree that Clarica Group
Incorporated 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 third party web sites or services.
We strongly advise you to read the terms and
conditions and privacy policies of any third party web sites or services that
you visit.
Termination
We may terminate or suspend your account and bar
access to the Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply
discontinue using the Service.
All provisions of the Terms which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Clarica
Group Incorporated and its licensee and licensors, and their employees,
contractors, agents, officers and directors, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees), resulting from or arising out
of a) your use and access of the Service, by you or any person using your
account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall Clarica Group Incorporated, nor its
directors, employees, partners, agents, suppliers, or affiliates, be liable for
any indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or
use the Service; (ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and (iv) unauthorized access, use
or alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or not
we have been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The
Service is provided on an "AS IS" and "AS AVAILABLE" basis.
The Service is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement or course of performance.
Clarica Group Incorporated its subsidiaries,
affiliates, and its licensors do not warrant that a) the Service will function
uninterrupted, secure or available at any particular time or location; b) any
errors or defects will be corrected; c) the Service is free of viruses or other
harmful components; or d) the results of using the Service will meet your
requirements.
Exclusions
Some jurisdictions do not allow the exclusion of
certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to
you.
Governing Law
These Terms shall be governed and construed in
accordance with the laws of United States and Canada, without regard to its
conflict of law provisions.
Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service, and supersede and replace
any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to
modify or replace these Terms at any time. If a revision is material we will
provide at least 15 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us. \
Sales@digitmakers.ca