Last Updated: September 22, 2015
Aardvark Prints's ACCOUNT, OR SUBMITTING AN ORDER FOR Aardvark Prints
PRODUCTS AND SERVICES, EXEMPTS Aardvark Prints's AND OTHER PERSONS FROM
LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.
BY ACCESSING OR USING Aardvark Prints's WEBSITE, REGISTERING AN
Aardvark Prints ACCOUNT OR SUBMITTING AN ORDER FOR
Aardvark Prints PRODUCTS OR SERVICES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE MOST CURRENT VERSION OF
WEBSITE, REGISTER FOR A Aardvark Prints ACCOUNT OR SUBMIT AN ORDER FOR Aardvark Prints PRODUCTS OR SERVICES.
and use of
Aardvark Prints's website located at https://aardvarkprints.com/ (the “
”) and the products and services provided by Aardvark Prints (collectively “
Products and Services
” and each a “
” or “
”, as applicable). By accessing or using any aspect of the Website, registering for an Aardvark Prints account or
an order for a Product or Service, you acknowledge and signify that you have read, understood, and agreed to the most current version of
Aardvark Prints's website, register for an Aardvark Prints account or submit an order for a Product or Service. These General Terms
are in addition to any other agreement you may have with Aardvark Prints.
review any changes since the previous version. By using the Website or submitting an order for a Product or Service, you signify your
You may not use the Website, register for a Aardvark Prints account or submit an order for any Product or Service if
under the age of majority in the jurisdiction in which you live or if you cannot form a legally binding contract. If you are under the age
majority, then your parent or legal guardian may register a Aardvark Prints account on your behalf and submit orders for Products and
on your behalf. You may not use the Website, register for a Aardvark Prints account or submit an order for any Product or Service if you
Product or Service or the Website is prohibited by law, or if Aardvark Prints has prohibited you from registering for a Aardvark Prints
reserves the right in its discretion and for its sole convenience to refuse to provide Products and Services to you or any other person.
You authorize Aardvark Prints to: accept communications it receives from you by means of the Website or email
those communications had been given directly by you in writing and signed by you; disclose your communications to Aardvark Prints's affiliates and services providers; and respond to your communications through the Website, by email or other means of
communication as Aardvark Prints considers appropriate. Communications that you send to Aardvark Prints are not effective unless and
they are processed by the responsible Aardvark Prints representative. Aardvark Prints may refuse to process communications that you
Aardvark Prints, or may reverse the processing of any communications that you send to Aardvark Prints, at any time in
Aardvark Prints's discretion and without any notice or liability to you or any other person.
Personal Information Privacy:
personal information in accordance with Aardvark Prints's
permitted by applicable law.
You may use the Website and Products and Services solely for your lawful, personal, non-commercial purposes, in the manner
is strictly prohibited.
Without limiting the foregoing, the following is a non-exhaustive list of prohibited uses of the Website and the Products and Services:
uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane,
pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, or otherwise objectionable; uses that may harm, threaten, harass,
abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of
a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty
to animals; and uses that infringe the rights (including copyright, personality rights, privacy rights, moral rights or other intellectual
property rights) of any other person.
Website users who violate the permissible uses of the Website, the Products or Services may incur criminal or civil liability. Aardvark Prints
may in its discretion report perceived violations of applicable law to law enforcement authorities. Aardvark Prints will cooperate with
law enforcement authorities in the investigation of suspected unlawful conduct.
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses
by other persons (collectively “
”). Linked Sites are independent from Aardvark Prints, and Aardvark Prints does not endorse, and has no
liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with
owners or operators of Linked Sites are at your own risk, and you will not make any claim against Aardvark Prints arising from,
or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
You will not: circumvent the ordinary navigational structure or presentation of the Website or its content; access
or obtain the Website content or other data by any means that is not purposely made available to you by the Website; gain unauthorized
to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means;
test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted
the Website, or any other person’s use of the Website.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders,
automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative
or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the
with the intention that the posting may be viewed by other users of the Website.
Aardvark Prints endeavours to provide current and accurate information on the Website, but misprints, errors,
omissions (including incorrect details for a Product or Service) and other errors may sometimes occur. Aardvark Prints does not warrant
content on the Website (including Product descriptions, photographs and colours) is accurate and complete. Aardvark Prints reserves the
correct any misprint, error, inaccuracy or omission at any time without prior notice or liability to you or any other person, and change at
the Products and Services advertised on the Website, the prices, fees, charges and specifications of those Products and Services and any
Website content, all without any notice or liability to you or any other person. If you submit an order for a Product or Service for which
information was displayed on the Website, Aardvark Prints will provide you with a reasonable opportunity to cancel your order.
Products and Services advertised on the Website may not be available when ordered or thereafter. If you order a Product or
is not available, Aardvark Prints will notify you by email. Aardvark Prints reserves the right in its discretion to refuse to accept
cancel any order you submit and to limit quantities available for sale or sold to you.
All prices and other amounts appearing on the Website are quoted in U.S. dollars, unless expressly indicated otherwise.
Aardvark Prints reserves the right to change prices advertised on the Website at any time. The total price of your order will include the price
ordered Products and Services plus all applicable delivery charges, handling charges and taxes. The price, applicable taxes and charges will
on the completed order form, and will be charged to your specified payment service when your order is accepted by Aardvark Prints.
The advertisements on the Website are invitations to make offers to purchase Products and Services and are not offers to
Your properly completed and delivered order constitutes your offer to purchase the Products and Services referenced in the order. Your order
deemed accepted by Aardvark Prints when Aardvark Prints processes payment for your order or sends (by email) an order acceptance
you, whichever is sooner.
Because Aardvark Prints endeavours to fill orders quickly, you may not cancel an order except in accordance with
8(a) and in accordance with applicable law.
You may pay for your purchases with the payment methods specified on the Website. Aardvark Prints obtains payment
pre-approval from your payment service when your order is processed. The purchase payment will be charged to your payment service if and
refundable under any circumstances.
Aardvark Prints will ship Products you order to the delivery address specified in your applicable accepted order.
and delivery times will depend on Product availability and the delivery method selected in your order.
If your order is incorrect or defective, refer to Aardvark Prints's Returns Policy.
Ownership of the Website:
Copyright © 2015 SF Online Sales Inc. All rights reserved.
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code,
other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the
a whole), the Products and Services and all related proprietary rights (including copyright and other intellectual property rights) are owned solely
Aardvark Prints and its licensors, and are protected by Canadian and international copyright and other intellectual property laws.
The Website and its content, and the Products and Services may not be copied, reproduced, imitated, republished, translated, uploaded,
publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or otherwise disclosed or
in any way (as applicable), in whole or in part, for any purpose whatsoever, without the express prior written consent of Aardvark Prints.
Your use of the Website, or purchase or use of a Product or Service does not transfer to you any right, title or interest in, to or
respectively with the Website or its content or the Product or Service.
Aardvark Prints, and related logos are registered or unregistered trademarks and service marks owned or licensed by
Online Sales Inc. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service
trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly
nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of
trademarks, service marks or trade names.
If you give to Aardvark Prints any feedback (including any comments, ideas or suggestions for corrections,
improvements) regarding a Product, Service or the Website, then Aardvark Prints and its successors, assigns and licensees may use the
for any and all purposes (including to support, maintain and improve Products, Services and the Website) without providing any compensation
attribution to you or any other person.
To access and use certain features of the Website, Aardvark Prints may require that you register with Aardvark Prints,
have a valid and subsisting account with Aardvark Prints (an “
”), and use a valid user name and password that complies with Aardvark Prints's technical requirements
Except as expressly set forth in section 10(e): you may not create an Account for any other person; and your
and Credentials are personal to you and may not be shared with or use by any other person. You are fully responsible and liable for
confidentiality of your Account and Credentials and for any and all use and misuse of your Account and Credentials (including all
your Account or Credentials) and for all resulting loss and damage.
You will immediately notify Aardvark Prints by email to firstname.lastname@example.org
if you discover any unauthorized use of your Account or if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person.
Aardvark Prints in its discretion may cancel or suspend your Account or reject, revoke or require that you change or
your Credentials at any time without notice or liability to you or any other person, including if your Account is inactive. If your Account
suspended, cancelled or terminated by Aardvark Prints, you may not create another Account without Aardvark Prints's express
Accounts for Children:
You may create an Account for a child for whom you are the parent or legal guardian, and in those circumstances you and
child are jointly and severally responsible and liable for the Account and related Credentials.
To create an Account or to order a Product or Service, Aardvark Prints may require that you provide certain
about yourself (including your name, residential address, email address, other contact information) and payment information. You represent
warrant that all information you provide to Aardvark Prints is true, accurate, current and complete, and that you will update the
from time to time so that it remains true, accurate, current and complete. Aardvark Prints will rely on the information that you
Aardvark Prints is not under any obligation to verify the truth, accuracy, currency or completeness of any information you provide, but
Aardvark Prints may do so in its discretion, and you hereby consent to Aardvark Prints making reasonable inquiries as Aardvark Prints
appropriate to verify the information you provide. You hereby authorize Aardvark Prints to create and permanently retain records of all
information that you provide to Aardvark Prints and all communications between you and Aardvark Prints and to use, retain and
information as reasonably necessary to provide Products and Services and to otherwise perform Aardvark Prints's obligations and
expense that you, Aardvark Prints or any other person may suffer or incur as a result of your submission of any false, inaccurate, out
or incomplete information, your failure to promptly update your information if it changes, or any other breach of your obligations under
You hereby represent and warrant that you own (or have obtained proper permission to use) any photograph, image, file,
and material provided or used by you in association with any Product, Service or the Website or contained in your Account (“
”), have all requisite powers, rights and authorities to use Content (including proper consent to use the image or
any individual depicted in Content), and use of Content will not infringe the rights (including copyright, personality rights, privacy
rights or other intellectual property rights) of any other person.
You will retain ownership of Content. You hereby grant and agree to grant to Aardvark Prints and its successor,
licensees a non-exclusive, royalty-free license to use, copy, distribute and display Content in order to provide you the Services and to
by Aardvark Prints in which you use to arrange or organize Content remain proprietary to Aardvark Prints.
You are solely responsible for: any violation of the rights (including copyright, personality rights, privacy
rights or other intellectual property rights) of any person that may incur as a result of your use of the Website or in connection with any
or Service ordered by you; and preserving and making back-up copies of Content on your personal system (the Website and the Services
intended as a storage or other source of repository for Content).
Disclaimers, Liability Exclusions/Limitations, and Indemnity:
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND THE SELECTION AND USE OF PRODUCTS AND SERVICES TO ACHIEVE
YOUR INTENDED RESULTS, AND YOU USE THE WEBSITE AND PRODUCTS AND SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
WEBSITE AND PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND
WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING
FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS,
TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY Aardvark Prints
TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, Aardvark Prints DOES NOT REPRESENT OR WARRANT
THAT PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF Aardvark Prints
WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR PROMISE.
(I) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL STOREFRONT GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS,
OR ANY DAMAGE OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS
OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF PRIVACY, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY
OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE, THE PRODUCTS AND SERVICES OR ANY RELATED MATTER; AND
THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL STOREFRONT GROUP’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE
WEBSITE, PRODUCTS AND SERVICES OR ANY RELATED MATTER EVER EXCEED THE LESSER OF: (A) THE FEE, PRICE OR OTHER AMOUNT (EXCLUDING TAXES) THAT YOU
ACTUALLY PAID TO STOREFRONT FOR THE RELEVANT PRODUCT OR SERVICE; AND (B) CDN$50.00. THIS SECTION 14(b) APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO
LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
(INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY STOREFRONT OR ANY PERSON FOR WHOM STOREFRONT IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT
AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR
STOREFRONT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED.
THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR
APPLY TO YOU.
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS STOREFRONT GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS,
EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES AND
EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE, THE PRODUCTS AND SERVICES OR YOUR NEGLIGENCE,
AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING WITH COUNSEL OF THEIR OWN SELECTION
AT THEIR SOLE COST AND EXPENSE.
IN THIS SECTION 14, “
” MEANS STOREFRONT AND EACH OF STOREFRONT’S LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CORPORATE PARENTS AND
AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES, JOINTLY
Aardvark Prints in its discretion may immediately suspend or restrict your Account and your permission to access and
Website and order Products and Services at any time without notice or liability to you or any other person.
termination to you or by permanently closing/deactivating your Account.
Consequences of Termination:
apply and be binding upon you and Aardvark Prints.
all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British
Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to
the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
The courts of British Columbia, Canada sitting in the city of Vancouver, British Columbia, Canada will have original and
jurisdiction over any and all disputes arising from, connected with or relating to these
or any related matter, and you and
each hereby unconditionally and irrevocably submit and attorn to the original and exclusive jurisdiction of those
regarding those disputes.
Aardvark Prints may deliver notices to you by email or postal mail to any of the addresses that you provide to
Aardvark Prints (including when you subscribe for your Account or when you submit an order for a Product or Service). You are solely responsible for
ensuring that your email addresses on file with Aardvark Prints are and remain current and correct throughout the term of these General Terms of
Use, and you will promptly give notice to Aardvark Prints of any change to your email addresses.
due to any cause or causes that are beyond Aardvark Prints's control. Any delay or failure of that kind will not be a breach of these
by a period that is reasonable in the circumstances.
unless the consent or waiver is confirmed in a document that is signed by Aardvark Prints or will be deemed or construed to be a consent to or
cumulative and not exhaustive or exclusive of any other rights or remedies to which Aardvark Prints may be lawfully entitled under these
upon you and Aardvark Prints and your respective successors, permitted assigns and personal representatives.
which those words appear; headings are for reference only and do not define, limit or enlarge the scope or meaning of these General Terms of
Use or any of its provisions; “
” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations,
societies and all other legal entities; words importing the singular number only include the plural and vice versa; words importing a
gender include both genders; “
” and “
” mean including or includes (as applicable) without limitation or restriction; “
” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law
includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and
” or any variation thereof used with respect to a party mean that party’s sole, absolute and unfettered discretion.
Complete Agreement/Governing Language:
representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of
documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y
Aardvark Prints is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English translation
then the English version will take priority and govern.
Canadian Copyright Act
, please contact Aardvark Prints at email@example.com.