Term of Service
Updated as of October 01, 2023
Overview
This website is administered by STACKSWEAR CANADA INC. For the duration of your interaction with this site, the terms "we," "us," and "our" pertain to "STACKS," "STACKS CANADA," or "STACKSWEAR CANADA." STACKSWEAR CANADA extends this website, comprising all data, tools, and services accessible through this platform, to you, the user. Your access and use of this site are contingent upon your acceptance of all the terms, conditions, policies, and notifications articulated herein.
By visiting our site and/or making purchases from us, you engage in our "Service" and acknowledge your consent to abide by the ensuing terms and conditions ("Terms of Service" or "Terms"), encompassing supplementary terms, conditions, and policies cited herein or accessible via hyperlinks. These Terms of Service apply universally to all users of this site, encompassing, but not confined to, visitors, vendors, customers, merchants, and content contributors.
Prior to accessing or employing our website, we urge you to meticulously peruse these Terms of Service. Your entry to, or utilization of any segment of the site signifies your compliance with these Terms of Service. Should you disagree with any of the terms and conditions articulated herein, you are advised against accessing the website or utilizing any of its services. In the event that these Terms of Service are construed as an offer, it is explicitly acknowledged that acceptance is confined to these precise Terms of Service.
Any fresh features or tools incorporated into the existing store will also be subject to the Terms of Service. You have the option to review the most up-to-date version of the Terms of Service at any given moment on this page. We retain the prerogative to revise, modify, or substitute any component of these Terms of Service by posting updates or changes on our website. It is incumbent upon you to periodically review this page for any alterations. Your persistent use of, or access to, the website following the publication of any changes constitutes your acceptance of said changes.
Our online store operates on the infrastructure provided by Shopify Inc., granting us the capability to offer our products and services to you via an e-commerce platform hosted online.
Collapsible content
Additional Resources & Tools
In the future, we may introduce new services, features, and tools on our website. These additional services and features will also be governed by these Terms of Service.
Availability of Products or Services (if applicable)
Some of our products or services may be exclusively accessible through our website. These items may come in limited quantities and are subject to our Return Policy for returns or exchanges. We have taken extensive measures to present the colors and images of our products on the website as accurately as possible. However, we cannot guarantee that your computer monitor will display colors with complete accuracy.
We retain the right, though we are not obliged, to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions. We may exercise this discretion on a case-by-case basis. Moreover, we have the authority to limit the quantities of any products or services we offer. All descriptions of products or their pricing are subject to change without prior notice at our sole discretion. We also reserve the right to discontinue any product at any time. Please note that any offers for products or services made on this site are void where prohibited.
We do not provide a warranty that the quality of any products, services, information, or other materials you purchase or obtain from us will meet your expectations. Additionally, we cannot guarantee that any errors in the service will be corrected.
Billing & Account Information Accuracy
Our commitment to accurate billing and account information is essential. We maintain the right to decline any order you make with us. In our sole discretion, we may impose limitations or cancel the quantities purchased on a per-person, per-household, or per-order basis. These restrictions may encompass orders placed using the same customer account, credit card, billing, and/or shipping address. In the event that we modify or cancel an order, we will make reasonable attempts to notify you by using the email address or billing address/phone number you provided during the order placement process. We also reserve the right to restrict or prohibit orders that, in our sole judgment, seem to originate from dealers, resellers, or distributors.
By shopping at our store, you agree to supply current, comprehensive, and accurate purchase and account information. It is incumbent upon you to ensure the timely updating of your account and other relevant information, including email addresses, credit card numbers, and expiration dates. This allows us to successfully process your transactions and get in touch with you as necessary. For more comprehensive information, please review our Returns Policy.
Contact Information
If you have any inquiries or require clarification regarding our Terms of Service, please don't hesitate to reach out to us via email at stackscanada95@gmail.com. We welcome your questions and value the opportunity to assist you with any concerns or information you may need.
Feel free to contact us anytime, and our dedicated team will promptly address your inquiries and provide you with the necessary guidance. Your satisfaction and understanding of our Terms of Service are essential to us, and we are here to ensure a smooth and transparent experience for all our valued customers.
Complete Agreement
The omission of our exercise or enforcement of any right or provision stipulated in these Terms of Service does not signify a relinquishment of said right or provision. These Terms of Service, along with any policies or operational guidelines we may post on this website or pertaining to The Service, establish the comprehensive agreement and mutual understanding between you and us, governing your utilization of the Service. This agreement supersedes any previous or concurrent agreements, communications, or proposals, whether verbal or written, between you and us (including prior versions of the Terms of Service). Any uncertainties in the interpretation of these Terms of Service will not be construed against the party responsible for drafting them.
General Terms & Conditions
We retain the right to decline service to any individual, for any reason, at our discretion. It is important to acknowledge that while using our services, your content (excluding credit card details) may undergo unencrypted transmission, which may involve
(a) transmitting through various networks and
(b) adapting to meet the technical requirements of connecting networks or devices.
Please note that credit card information is always encrypted when transferred over networks. You hereby agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of our services, the usage of our services, or access to our services, including any contact on the website through which our services are provided, without obtaining express written permission from us. The headings used in this agreement are provided for convenience and do not impose limitations or otherwise alter these Terms.
Indemnification
You consent to indemnify, protect, and absolve STACKSWEAR CANADA, as well as our parent company, subsidiaries, affiliated entities, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or request, which may include reasonable legal fees, initiated by a third party due to or resulting from your violation of these Terms of Service or the documents they reference, or your infringement of any law or the rights of a third party.
Information Accuracy, Completeness, and Timeliness
We cannot assume responsibility for the accuracy, comprehensiveness, or currency of the information presented on this website. The content on this site is intended for general informational purposes only and should not be solely relied upon for decision-making. It is advisable to consult primary sources of information that are more accurate, comprehensive, or up-to-date when making decisions. Any reliance on the content on this site is undertaken at your own risk. This website may contain historical information, which by nature, is not current and is provided for reference purposes only. We retain the right to modify the website's content at any time; however, we are not obligated to update any information on the site. You acknowledge that it is your responsibility to monitor any changes to our website.
Legal Jurisdiction
The Terms of Service and any distinct agreements through which we deliver Services to you will be regulated and interpreted following the legal framework of Canada. This choice of law is made to ensure clarity, consistency, and adherence to Canadian regulations in all our interactions with you. We are committed to upholding the highest legal standards, fostering trust, and providing you with a secure and reliable experience when you engage with our services.
Furthermore, by consenting to these Terms of Service, you acknowledge that any disputes or legal actions arising from our services will be subject to the jurisdiction of the Canadian legal system. This decision reflects our dedication to transparent and equitable resolution processes, safeguarding your rights as our valued customer.
At STACKSWEAR CANADA, we aim to promote a fair and accountable environment for all our users, underpinned by the principles of Canadian law. We appreciate your understanding and cooperation as we work together within this legal framework to deliver the best possible experience.
Links to Third Parties
Some content, products, and services accessible through our Service may contain materials provided by third parties. Links on this site may lead to websites operated by third parties not affiliated with us. We are not responsible for reviewing or assessing the content's accuracy, and we do not guarantee or accept liability or responsibility for any third-party materials or websites. This also applies to other materials, products, or services offered by third parties. We are not responsible for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites. Before engaging in any transactions, we strongly advise you to thoroughly review the policies and practices of the third party and ensure your full understanding. Any complaints, claims, concerns, or inquiries related to third-party products should be directed to the respective third party.
Mistakes, Innaccuracies & Omissions
From time to time, there may be errors, inaccuracies, or omissions in the information presented on our website or within the Service. These may pertain to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and product availability. We retain the right to rectify any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information within the Service or on any associated website is found to be incorrect, without prior notice (even after you have placed your order). We are not bound to regularly update, revise, or clarify information in the Service or on any associated website, including but not limited to pricing details, unless mandated by applicable law. No specific date indicating an update or refresh within the Service or on any related website should be construed as an indication that all the information within the Service or on any related website has been revised or updated.
Modifications to Terms of Service
You may access the most up-to-date version of our Terms of Service on this page. We retain the authority, at our sole discretion, to revise, modify, or substitute any portion of these Terms of Service by publishing updates and alterations on our website. It is incumbent upon you to periodically examine our website for any revisions. Your ongoing utilization of or entry to our website or the Service, subsequent to the publication of any changes to these Terms of Service, signifies your acceptance of those revisions.
Prohibited Actions
In addition to the restrictions outlined in the Terms of Service, you are not allowed to use the site or its content for the following purposes:
(a) engaging in unlawful activities;
(b) encouraging or soliciting others to participate in unlawful acts;
(c) violating international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) infringing upon our intellectual property rights or the intellectual property rights of others;
(e) engaging in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) submitting false or misleading information;
(g) uploading or transmitting viruses or any other malicious code that could affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) collecting or tracking the personal information of others;
(i) engaging in spam, phishing, phishing, pretexting, spidering, crawling, or scraping;
(j) using the service for any obscene or immoral purpose; or
(k) interfering with or attempting to circumvent the security features of the service or any related website, other websites, or the Internet.
We retain the right to terminate your use of the service or any related website if you violate any of these prohibited actions.
Protection of Personal Information
The safeguarding of your personal information, which you may submit through the store, is under the jurisdiction of our Privacy Policy. This means that the way we collect, use, and protect your personal data is guided by the principles and guidelines outlined in our Privacy Policy. Your privacy and security are paramount to us, and our Privacy Policy is designed to ensure that your personal information is handled with the utmost care and in accordance with the law. We encourage you to review our Privacy Policy to better understand how we manage and protect your personal data when you interact with our store.
Severability
If any part of these Terms of Service is found to be illegal, invalid, or unenforceable, that specific provision will still be enforced to the maximum extent allowed by applicable law. The unenforceable portion will be considered as removed from these Terms of Service, but this decision will not impact the validity or enforceability of the remaining provisions.
Service & Price Alterations
The prices of our products may change without prior notification. We retain the authority to amend or terminate the Service (or any portion or content of it) without advance notice. We assume no responsibility towards you or any third party for any alterations in service, price adjustments, suspensions, or service terminations.
Termination
The obligations and liabilities of the parties that arise before the termination date shall persist beyond the termination of this agreement for all intents and purposes. These Terms of Service will remain in effect unless either you or we choose to terminate them. You have the option to terminate these Terms of Service at any point by informing us that you no longer wish to utilize our Services or by discontinuing your use of our site. Additionally, if we determine in our sole discretion that you have violated, or we suspect you have violated, any provision or term of these Terms of Service, we may also terminate this agreement without prior notice, and you will remain responsible for all outstanding payments up to and including the termination date. Consequently, we may refuse you access to our Services, or any portion thereof.
Terms of Use For Our Online Store
By accepting these Terms of Service, you affirm that you have reached the legal age of majority in your state or province of residence, or if you are of the legal age of majority, you have provided consent for any minor dependents under your care to utilize this website. The use of our products for unlawful or unauthorized purposes is prohibited, and in using our services, you must adhere to the laws in your jurisdiction, including, but not limited to, copyright regulations. It is strictly prohibited to transmit any harmful code, such as worms or viruses. Failure to comply with any of these terms will result in the immediate termination of your access to our services.
User Submissions, Feedback, and Comments
If you provide certain specific submissions (such as contest entries) at our request or, without a request from us, send creative ideas, suggestions, proposals, plans, or other materials, whether through online platforms, email, postal mail, or any other means (collectively referred to as 'comments'), you hereby consent that we have the unrestricted right to, at any time, edit, copy, publish, distribute, translate, or otherwise utilize these comments in any medium. You understand and acknowledge that:
- We are not obligated to maintain the confidentiality of any comments.
- We are not obliged to provide compensation for any comments.
- We are not obliged to respond to any comments.
We reserve the right, though we are not obligated, to monitor, edit, or remove content that, in our sole discretion, we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of any party's intellectual property rights or these Terms of Service.
You agree that your comments will not infringe upon the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor include any computer viruses or other malware that could potentially impact the operation of the Service or any related website. You may not use a fictitious email address, impersonate someone else, or engage in any form of deception that might mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you submit and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.
Warranties Disclaimer & Liability Limitation
We make no guarantees, representations, or warranties regarding the uninterrupted, timely, secure, or error-free use of our service. We do not guarantee the accuracy or reliability of the results that may be achieved through the use of the service. You acknowledge that, on occasion, we may suspend the service for indefinite periods or terminate it without prior notice to you. Your use of, or inability to use, the service is expressly at your own risk. The service, as well as all products and services delivered to you through it, are provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall STACKSWEAR CANADA, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether arising in contract, tort (including negligence), strict liability, or otherwise, resulting from your use of the service or any products obtained through the service, or any other claim related to your use of the service or any product, including errors or omissions in content, or any loss or damage incurred as a result of the use of the service or any content (or product) posted, transmitted, or made available through the service, even if you have been advised of the possibility of such damages. To the extent that some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in those states or jurisdictions.