Welcome to the Prismaflex Print On Demand (Also referred as PPOD) web site, which is doing business as prismaprint.ca. The following Terms of Service ("TOS") contain the terms and conditions that govern your (also referred as User) use of the Web Site and Prismaprint.ca Service. Use of the Prismaflex Print On Demand Web Site constitutes acceptance of these TOS. Prismaprint.ca is a trademark of Prismaflex Print On Demand.
Prismaflex Print On Demand reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and at its sole discretion, by posting a change notice or a new agreement on the Prismaflex Print On Demand Web Site.
This TOS constitutes the entire and only agreement between us and you (the user), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings.
PPOD uses other affiliated companies or third parties to provide certain products and services accessible through the Web Site. DPB, LLC does not control those third parties or their services. Users agree that PPOD will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between Terms and Conditions, you must comply with DPB, LLC's TOS.
PPOD will only knowingly provide service to customer that can lawfully enter into and form contract under applicable law. If site user is under age of 18, but at least 13 years of age, he/she may use the PPOD services under supervision of parent or legal guardian after they agree to these TOS. PPOD website is not intended for children under age of 13.
DBP LLC website Prismaprint.ca grants users limited revocable license to access and use the website for its offered services, subject to users’ compliance with these TOS. PPOD does not allow customers to collect or use information collected on the website to compete with PPOD or to create derivative work based on the content of the web site. If user uses the information other than per TOS, PPOD may revoke the access and pursue other legal course of action permitted under applicable province or federal law.
User can only use the website as expressly permitted by PPOD. User may not cause harm to the website. Specifically, but not by way of limitation, user may not:
All the content including but not limited to: Design, graphics, organization and digital conversion related to site are protected under applicable copyright, trademarks and other property rights. Copying, downloading or redistribution of any such matters or any part of site, except outlined in this TOS, is strictly prohibited.
User will retain ownership of the content that are used, referred or uploaded by the user during the use of the site. While using any outside content, user grants following licenses to PPOD, the non-exclusive, worldwide, transferable, sub licensable right to copy, crop, reproduce, publically display, sell and distribute design in or on products and in advertising, marketing, samples, and promotional materials for PPOD. And the right to make modifications to users’ design.
User may remove the design, graphics or file, designed or uploaded by the user, at any time during the usage of the website. After the content designed by the user is transferred to the PPOD, if user chooses to remove that content, Please notify PPOD in writing. Any orders that might have derived from that content will prior to the written notification of termination will fulfilled.
If user believes that her/his work has been copied in a way that constitutes copyright infringement, please provide our copyright agent ([email protected]) following information.
Our Agent will quickly act on any such notice received.
PPOD reserves the right but does not assume the obligation to monitor transactions and communications occurs through website. If PPOD determines, in its sole and absolute discretion, that user will breach a term or condition of these TOS, PPOD may cancel such transactions and restrict access.
PPOD may modify the site Prismaprint.ca at any time without any prior notice and will occur no liability for doing so.
User of the site represent and warrant to PPOD that in use of the Prismaprint.ca site, user will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party. User further represents and warrants to PPOD, that there are no claims, demands or any form of litigation pending, or to the best of user’s knowledge, threatened with respect to any of user’s content. PPOD, will not be required to pay any third party related to using the content provided by the user. User content should not cause direct or indirect injury to any third party and should be free of Viruses or any other program or technology that can cause direct or indirect damage to the site.
PPOD provides a website Prismaprint.ca service on an “as is” and “as available” basis. PPOD, do not represent or warrant that site will be uninterrupted, will be free of errors and in accuracies, will be reliable, will be timely, and will meet user’s requirements. PPOD makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non- infringement.
PPOD will not be liable to any user or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill). Arising out of relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages. (b) The content contained on the site, or (c) any delay or failure in performance beyond control of the Covered Party.
Limitation of liability, under for a breach of a party’s representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of PPOD exceed the value of the signs ordered or serviced rendered. Value of the signs or services are limited to the stated value on the PPOD, site Prismaprint.ca or charged to the customer.
User must indemnify and hold PPOD and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers and shareholders (if applicable) harmless from any damage, loss, or expenses including reasonable attorney’s fees incurred in connection with any third-party claim, demand or action brought against any of the parties alleging that user have breached any of these TOS through any act of omission.
User might be asked to register at the site. User must agree to provide accurate, complete registration information. Each registration is for personal use only and access to that information should not be made available to multiple users. PPOD, do not permit any other person uses registration section besides user’s own registration.
The Company uses standard industry software for designing and printing purpose. We do not guarantee any color matching or exact color print. Slight color variations are possible and should be considered as acceptable and will not be considered production mistake and will not be eligible for refund or return or reproduction. We use the best judgment to match the color but if you need visually match color, we suggest ordering sample product.
PPOD uses production facilities inside and outside of the country. It cannot guarantee where production will be done for each product and order. Your order can be manufactured in the country or outside.
PPOD will not proof read any design made by user. Please double check all your design before submitting order. PPOD cannot be held responsible for mistakes in design made by the customer.
PPOD will print submitted file as submitted. In case where proof is requested, PPOD will produce using last proof approved by the customer. Any mistake/changes in the proof has to be done before approval of the proof.
DBP LLC shows estimated delivery date for each order on the Prismaprint.ca site. These dates are indicative dates only and are based on production ready orders and don’t include any public holidays or shipping delays. Any delay due to shipping has to be addressed directly with the shipping company.
PPOD, will not allow any refunds unless there is error on PPOD. Refund value will be less or equal to the sold price of the product excluding shipping charges. All refunds have to be approved by the Customer Service Person. Refunds are issued within 15 business days from its approval. PPOD will not be responsible for any charges by the bank or third party including but not limited to Fees or interests.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the country shipping you product without reference to conflict of law principles. These TOS will not be assignable transferable by user without the prior written consent of PPOD. These TOS contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understanding between the parties regarding its subject matter. User and PPOD are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (a) Canada post or Courier (b) electronic mail. All the notices to PPOD should be sent to [email protected] and also hard copy with signature and contact information should be sent to company address.
In the rare event of dispute, all disputes arising out of, relating to or connected with these TOS or your use of any part of the Prismaprint.ca service will be exclusively resolved under confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on arbitration award may be entered in to any court having jurisdiction thereof. PPOD may seek equitable relief, including, without limitation, injunctive relief and specific performance without the requirement of posting a bond or other security or proving damages are insufficient, from a court of competent jurisdiction.