Last updated: January 21, 2019
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the https://www.plexman.com/ website operated by Matthew Plexman Photography Ltd (“Plexman”, "us", "we", or "our"), which includes without limitation, any service that we provide through our website and any App/Application (“App”) that may be utilized to provide services to you (collectively referred to as the "Service").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms and Conditions, in whole or in part, please do not use the Service.
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.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain 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. We will not be held responsible or liable for any failure for the Purchase to be completed, or any resulting loss or damages to you.
All sales are final. Unless otherwise indicated, there are no refunds, exchanges or returns for any Purchase.
In order to provide exceptional service, and accuracy, we regularly update the products and services made available through the Service.
We cannot and do not guarantee the accuracy or completeness of any information on the Service, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services made available to you may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Unless otherwise indicated, the Service and all contents, including but not limited to text, images, graphics or code are the sole and exclusive property of Plexman and are protected by copyright, trademarks, database and other intellectual property or proprietary rights. Any use other than what is expressly permitted pursuant to rights granted to you by Plexman in writing is strictly prohibited and may violate copyright, trademark and other laws. Please refer to any invoice or license issued to you by Plexman for any specific usage rights granted to you. These Terms do not grant you a license or right to use, copy, share, sublicense, distribute, sell, share, transfer or reproduce the Service, in whole or in part, without our permission. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
The Service may contain links to third-party web sites or services that are not owned or controlled by Plexman.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we 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 websites 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.
Using our Service other than for a permitted purpose is prohibited. You are not allowed to use our Service: (a) for any unlawful purpose, including any use that violates the law in your state, province or country of residence; (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 our intellectual property and proprietary rights or the intellectual property and proprietary rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including without limitation, providing false contact information or pretending to be another individual; (g) to collect or track the personal information of others; (h) 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 our Service; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service for violating any of the prohibited uses or for any reason at our sole discretion.
We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms. We reserve the right at any time to modify or discontinue the Service, or any part thereof, without notice to you.
All provisions of the Terms shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease.
You agree to indemnify, defend and hold harmless Plexman, and its principals, owners, officers, directors, representatives, employees, contractors, licensors, affiliates, suppliers and agents (the “Plexman Parties”), from and against any claims, losses, damages, obligations, costs, actions or demands arising out of or occurring as a result of your use of the Service, including without limitation, (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Service.
The Plexman Parties shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, 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.
We make no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. 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, except as provided for under the laws of Ontario. In such cases, Ontario law shall apply to the extent necessary.
We 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.
If you breach any of these Terms and we elect not to immediately act, or choose not to act at all, we are still entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights and shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable (excluding conflict of laws principles), and the parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the purpose of all legal actions arising out of or relating to these Terms and/or the relationship between the parties.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any 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, oral or otherwise, regarding the Service.
The headings that appear in these Terms are included for convenience only and have no bearing on these terms.
Our Privacy Policy (see INSERT LINK), which is incorporated into these Terms, outlines the personal information collected, how your personal information is managed and how your privacy is protected.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You are responsible for reviewing the Terms each time you use the Service.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using our Service.
If you have any questions about these Terms, please contact us by email at info@plexman.com or by phone at 416-463-3914.