Terms & Conditions
Terms and Conditions
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the paq.design website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Category 5 Imaging Inc. ("Category 5 Imaging Inc.", “paq” "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Category 5 Imaging Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and Membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Products and Services Provided
All products on the paq site are custom-made and cannot be changed once an order is completed. You, as a customer or buyer of products and services, are ultimately responsible for the accuracy of the product ordered, including quantity of products ordered, product dimensions, colour, artwork, product type. Any errors made are your responsibility.
paq provides visualizations of what an order will look like as accurately as possible based on the colours, images and/or artwork that is either uploaded or designed on the paq platform. paq is unable to guarantee the accuracy and consistency of the user’s computer monitor configurations as they relate to colour, design and sizing.
Image Ownership and Use
You confirm that you are the original creator and have title to any supplied or designed artwork that is used or designed on paq. Where ownership is not held by the you, you represent and warrant that you have express consent from the rightful owner of any image and/or artwork to use it for the purposes while on the paq site. You agree to indemnify us against any liability or costs that arise from the misuse of any artwork.
User ultimately retains all legal rights of any images or files that are uploaded to the paq site, and reserves the right to modify such images at any point. The images will be used to produce products as per the request of User. If paq wishes to use images provided by User at any point, it will only do so for promotional purposes, and paq will seek express permission from User if it seeks to do so.
For files designed on paq’s design platform, the ownership of such designs and products is held by paq, excluding any elements, files, images that are uploaded by you in order to produce the design.
Warranties of Products and Services
We take great pride in the work that we do. If there is any defect in the product related to printing or workmanship or the product is otherwise deemed faulty by both you and us, the product will be replaced if User identifies the defect to us within 7 days of receiving the product.
We inspect all materials before leaving our facilities. It is User’s responsibility to inspect materials at the point of receipt. If there is damage done in the transportation process, User must alert both paq and the courier. Such a claim must be registered within 7 days of receipt of the product, and User must retain all packaging materials in the event paq exercises its right to request that all damaged items be returned to us, with shipping costs to be paid by paq.
Designs Developed in 3rd Party Software Platforms
paq is unable to verify the quality, resolution and/or reproduction of any files that have been designed and/or generated in any 3rd party software (e.g. Adobe Illustrator). You are ultimately responsible for the quality and resolution o
files, or component images provided while on the paq platform. paq is only able to read the quality and resolution of the flattened file that the user provides.
Cancelling an Order
paq seeks to produce products for users quickly, at times within an hour of your purchase and approval. Therefore, paq is unable to cancel an order once approved. In the event of very high quantity orders, and when a cancellation request is received by our production team at an early stage of the production process, a partial refund may be provided at the discretion of paq.
Late Delivery/Quantity Incorrect
Paq will use reasonable commercial efforts to arrange delivery of all product orders within the estimated delivery time of each order and in the quantities ordered, but shall have no liability for any claims, costs or expenses, including loss of profits, incurred by you or made against you by any third party, including your customer, arising from orders that are delivered late or orders delivered in incorrect quantities for any reason and whether or not due to circumstances within the control of paq. If the delivery time and/or quantities are important to you, you should ensure all product is ordered for delivery well before the required delivery date to allow for time for you to deal with any issues.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using our Website and Services or any content provided by us: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the intellectual property rights of us or of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any other person for any reason, including based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit or attempt to disclose false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose as determined by us; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses as determined by us in our sole discretion.
Intellectual Property Rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any Intellectual Property Rights owned by Category 5 Imaging Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Category 5 Imaging Inc. or such third party, as the case may be. All trademarks, service marks, graphics and logos, whether registered or unregistered, used in connection with the Website and Services, are either Intellectual Property Rights of Category 5 Imaging Inc. or its licensors or other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any Intellectual Property Rights of Category 5 Imaging Inc. or any third party.
Disclaimer of Warranty
You agree that any Service is provided by us on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that any Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
You agree that in no case will Category 5 Imaging Inc. or its affiliates, directors, officers, employees, agents, suppliers and licensors be liable for any losses, damages, claims, expenses or costs of any kind or any direct, indirect, incidental or consequential damages, including loss of profits or damage to goodwill, whether based in contract, tort, strict liability or otherwise, arising from your use of the Website or Services or from any Product ordered by you. In no event shall our liability to you for any reason exceed the amount you have agreed to pay us for the Product or Service giving rise to any claim by you against us.
Indemnification
You agree to indemnify and hold Category 5 Imaging Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages, claims or costs, including reasonable legal fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form.
This document was last updated on January 12, 2021.